When it comes to marijuana use on-the-job, the best advice is “don’t do it!” Contrary to what you may believe, whether for medical or recreational uses, your right to toke is not protected by law in the work environment. Colorado has legalized both the medical and recreational consumption of marijuana, but our state laws still butt up against federal laws. And this makes for lots of confusion across the board.
Employers on Marijuana Use
Legal marijuana, whether for medical reasons or recreational use, is no mandate for use at work. Employers are well within their legal rights to prohibit consumption at work and to require drug testing to weed out users from their workforce.
Federal law prohibits the possession and consumption of marijuana for any reason. This supports the rights of employers in banning marijuana consumption in their employees. Now that the new Trump administration is in place, federal versus state law on marijuana may become even murkier. Currently, there is no clear-cut answer on whether the federal government will be cracking down on states that allow legal marijuana use.
Statewide Marijuana Use Laws
As of the November 2016 election, more than half of all the states in the union, plus D.C., now have medical and/or recreational marijuana use legislation on their books.
1. California passed legal recreational marijuana use last November.
2. Massachusetts joined the ranks of recreational marijuana use states this past election.
3. Maine will soon be allowing limited recreational marijuana use and on-site consumption in social clubs.
4. Though late to the party, Nevada is now a legal recreational marijuana state.
5. Washington, D.C. voted for nonmedical marijuana use in 2014.
6. Oregon came aboard on recreational use of marijuana in the summer of 2015.
7. Alaska passed recreational marijuana law in 2015.
8. Colorado passed legislation to allow recreational marijuana use in 2012. Recent ballot initiatives support public consumption programs in Denver.
9. Washington joined Colorado in groundbreaking recreational marijuana use in 2012.
10. Florida, Arkansas, North Dakota, Montana, Arizona, New Mexico, Minnesota, Michigan, Illinois, Louisiana, Ohio, Pennsylvania, New York, Vermont, New Hampshire, Connecticut, Rhode Island, New Jersey, Maryland, Delaware have all legalized medical marijuana.
Bottom Line: Colorado Statute on Marijuana and Workers’ Compensation
Regardless of what the future holds for legal marijuana consumption, for now, Colorado Statute, Article 42 of Title 8 limits your financial benefits under the workers’ compensation system if you test positive for a controlled substance. You can lose 50 percent of your income replacement benefits if marijuana use is detected. While you will still receive full medical treatment benefits, your finances will likely suffer greatly from this impact.
Note that the issue with federal vs. state laws on marijuana impact this area of the law as well. §8-42-112.5. C.R.S. excludes medically prescribed drugs from the identified controlled substances, but that’s the problem. Doctors in Colorado cannot prescribe marijuana. They can only advise their patients on its use.
If you have questions about marijuana and the workplace and workers’ compensation benefits, ask a lawyer. Your pot-smoking buddy probably has a lot of opinions and knows quite a bit about the legalities of smoking weed in Colorado. But workers’ compensation is a complicated system wherein state and federal laws often overlap. A Colorado workers’ compensation lawyer is your best source of information on this thorny subject. We’re always here to answer your questions- don’t wait- get a free consultation on your workers’ compensation case now.