United States News
See other United States News Articles
Title: Colorado Supreme Court: Employers can fire for off-duty pot use
Source:
The Denver Post
URL Source: http://www.denverpost.com/marijuana ... ms-lower-court-rulings-medical
Published: Jun 15, 2015
Author: Alicia Wallace
Post Date: 2015-06-15 14:23:07 by cranky
Keywords: None
Views: 14239
Comments: 80
Lawyer for Dish Network employee fired after using medical pot to treat muscle spasms calls ruling "devastating". Brandon Coats, right, with his mother Donna Scharfenberg sitting by his side, Sept. 30, 2014. The Colorado Supreme Court on Monday affirmed lower courts' rulings that businesses can fire employees for the use of medical marijuana — even if it's off-duty. The 6-0 decision comes nine months after the state's highest court heard oral arguments in Brandon Coats' case against Dish Network. Coats, who had a medical marijuana card and consumed pot off-duty to control muscle spasms, was fired in 2010 after failing a random drug test. Coats challenged Dish's zero-tolerance drug policy, claiming that his use was legal under state law. The firing was upheld in both trial court and the Colorado Court of Appeals. DOCUMENT: Colorado Supreme Court affirms ruling When the case went to the state Supreme Court, legal observers said the case could have significant implications for employers across Colorado. They also noted that the ruling could be precedent-setting as Colorado and other states wrangle with adapting laws to a nascent industry that is illegal under federal law. As such, the question at hand is whether the use of medical marijuana — which is in compliance with Colorado's Medical Marijuana Amendment — is "lawful" under the state's Lawful Off-Duty Activities Statute. That term, the justices said, refers to activities lawful under both state and federal law. "Therefore, employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute," Justice Allison H. Eid wrote in the opinion. The justices said the court will not make a new law. Current Colorado law allows employers to set their own policies on drug use. Coats' attorney Michael Evans, of Centennial-based The Evans Group, called the decision "devastating." "For people like Brandon Coats, there really isn't a 'choice,' as MMJ is the only substance both he and his (Colorado-licensed) physicians know of to control his seizures due to his quadriplegia," Evans said. "He has to have it. " A silver lining of the decision, Evans said, is that it provides clarity in a "scary, gray area" of state law. "Today's decision means that until someone in the House or Senate champions the cause, most employees who work in a state with the world's most powerful MMJ laws will have to choose between using MMJ and work," Evans said in a statement. Six of the seven justices decided on the case. Justice Monica Marquez recused herself because her father, retired Senior Judge Jose D.L. Marquez, was on the Court of Appeals panel that upheld Coats' firing. Sam Kamin, a law professor at the University of Denver, said the justices' decision comes as no surprise. "It's easy to make too much of this decision," he said. "It really comes down to interpreting this one word in this one statute." As a matter of statutory interpretation, the court got it right, he said. But for Coats and medical marijuana advocates, this is a blow, Kamin said. Coats was a "dream plaintiff" in that marijuana served as medicine, he said. Coats was rendered a quadriplegic by a car accident and used marijuana to control leg spasms. The cause likely would land in the hands of the state legislature, Kamin said. "I think (Coats') case is very sympathetic, and I think his case would be quite compelling before the legislature," Kamin said. 
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
Begin Trace Mode for Comment # 50.
#1. To: cranky (#0)
It's a bullshit ruling. Can they also fire people for drinking away from the job if they aren't coming to work drunk?
"At Will" The Corporate Hive can fire anybody for anything. No cause? No problem. Just manufacture "perception" issues and Hasta La Vista Mr./Ms. "Tea Bagger".
"At Will" The Corporate Hive can fire anybody for anything. No cause? No problem. Just manufacture "perception" They can and will do it until they do this to someone who has a close relative that is a good lawyer.
Be interesting to see how this Navy Chaplain's complaint turns out: www.breitbart.com/big- gov.../11/naval-chaplain-files-formal-complaint-over-christian- persecution/ His situation is a good example of how "progressives" cooperate like social wolves hunting their prey.
www.breitbart.com/big- gov.../11/naval-chaplain-files-formal-complaint-over-christian- persecution/ Bad link.
www.breitbart.com/big- gov.../11/naval-chaplain-files-formal-complaint-over-christian- persecution/ by AUSTIN RUSE11 Jun 2015 Chaplain Wes Modder spends his days basically alone in the base chapel. He is no longer allowed into his office. By order of his commanding officer, he is not allowed even to speak to the sailors in his unit. If anyone from his unit comes into the chapel, he may not speak with them. His commanding officer, Captain Jon Fahs, has taken this unusual step because of complaints lodged against Modder by a handful of sailors who claim he is “unable to function in a pluralistic and diverse Navy.” Modder ran into the buzzsaw of political correctness related to human sexuality. Fahs requested various actions against Modder, including taking him off the promotions list, separating him for cause, and initiating a board of inquiry. None of that has happened yet and, in the meantime, Modder sits alone unable to help his fellow sailors. Modder was not even allowed to minister to his unit personnel after a recent suicide in the unit. Modder and his lawyers at the Liberty Institute have taken the highly unusual step of filing a complaint against his commanding officer. According to Modder’s lawyer Mike Berry, it is almost unprecedented for a subordinate officer to file such a complaint. An Article 138 complaint allows a subordinate to circumvent the chain of command and complain to higher-ups about a superior officer who has done something wrong. The Article 138 complaint would force his commanding officer to let Modder do his job and to do it in line with his endorsing denomination. Modder’s Article 138 complaint will go to Admiral John Richardson, Director for Naval Reactors, who is also President Obama’s nomination for Chief of Naval Operations and a seat on the Joint Chiefs of Staff. [snip]
#55. To: nolu chan (#50)
I have no idea how his commanding officer can get away with that. He should complain to whatever organization runs the religious cult he belongs to,and have them sue the Navy. You can bet your ass the Navy would never try it if he were a Catholic Priest,a Rabbi,or a Muslim cleric.
Top • Page Up • Full Thread • Page Down • Bottom/Latest
#38. To: sneakypete (#1)
(Edited)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#39. To: VxH (#38)
Can they also fire people for drinking away from the job if they aren't coming to work drunk?
#41. To: sneakypete (#39)
#42. To: VxH (#41)
Be interesting to see how this Navy Chaplain's complaint turns out:
#50. To: sneakypete, VxH (#42)
Be interesting to see how this Navy Chaplain's complaint turns out:
Bad link.
NAVAL CHAPLAIN FILES FORMAL COMPLAINT OVER CHRISTIAN PERSECUTION
Replies to Comment # 50. Chaplain Wes Modder spends his days basically alone in the base chapel. He is no longer allowed into his office. By order of his commanding officer, he is not allowed even to speak to the sailors in his unit. If anyone from his unit comes into the chapel, he may not speak with them.
End Trace Mode for Comment # 50.
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]