Colorado court: Workers can be fired for using pot off-duty

Colorado’s Supreme Court has ruled that a medical marijuana patient who was fired after failing a drug test cannot get his job back.

The case has big implications for employers and pot smokers in states that have legalized medical or recreational marijuana. Colorado became the first state to legalize recreational pot in 2012.

Though the Colorado case involves medical marijuana, the court’s decision could also affect how companies treat employees who use the drug recreationally.

Brandon Coats is a quadriplegic who was fired by Dish Network after failing a drug test in 2010. The company agreed that Coats wasn’t high on the job but said it has a zero-tolerance drug policy.

Courts in California, Montana and Washington state also ruled against medical marijuana patients fired for pot use.

Retired Judge Victor Reyes of Pueblo doesn’t think the case will go before the U.S. Supreme Court.

“The issue that was raised in this case was a purely state statute interpretation issue,” Reyes said. “So the next step is to do a petition for rehearing before the state Supreme Court.”

Reyes said marijuana advocates may try to garner the support of state legislators, but he said ultimately changing the status quo will be up to the federal government.

“The underlying issue is the illegality of marijuana,” Reyes said.

Audrey Hatfield, a medical marijuana patient diagnosed with multiple sclerosis and epilepsy, told KRDO NewsChannel 13 she was disappointed in the ruling because she feels it discriminates against medical marijuana patients.

“If you’re doing your job, you’re doing it well, you’re not doing it at work, the cannabis medication isn’t affecting your work, then it should be fine,” Hatfield said. “I don’t think it’s the business of your employer what you do outside of your job.”