Since 2000, it has been legal to use marijuana for medicinal purposes. In 2012 Colorado recently de-criminalized recreational marijuana drug use Another law, the Colorado Lawful Activities statute, prohibit employers from firing workers for lawful off-work activity. It has taken a while for cases to reach the courts on whether employers can fire workers for off-the-job marijuana use.
The Colorado Court of Appeals upheld the firing of a worker for his marijuana use outside of work. The Court reasoned that the activity was still considered illegal – under Federal Law – and therefore not a protected activity under the Colorado Lawful Activities statute.
An injured worker may still be fired if his or her off-duty marijuana use if it violates the employers illegal drug policy.
As always, how this or any other case we discuss in this blog would apply to your case depends on many more factors. We urge you to call us to see if you are entitled to workers’ compensation benefits. Workers’ Compensation is difficult, confusing, and very complex. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at 303-780-7329 for your FREE CONSULTATION.
Cite: Coats v. Dish Network LLC, Colorado Court of Appeals (April 25, 2013)