FOUR STEPS TO GET BUSINESSES THROUGH THE HAZE
By Elizabeth Milito
Why the Conflict?
2015 Issue 3 |
THE
SCORE
36
The rapid expansion of medical marijuana laws — and
more recently, recreational marijuana laws — has created a
workplace dilemma.
At present, 23 states and the District of Columbia have
legalized possession, use and — in some cases — cultivation of
marijuana for medicinal purposes. Recreational marijuana use
has been legalized in four states and the District of Columbia.
Despite voters’ and state legislatures’ eagerness to legalize
pot, the feds still consider marijuana to be illegal. This conflict
between state laws and federal law puts employers between a
rock and a joint when it comes to figuring out how to maintain a drug-free workplace. In short, can you discipline or even
terminate an employee who is a registered medical marijuana
user?
The answer appears to be“yes.”But keep reading for more
information on what your business needs to do to get to “yes.”
Recent Colorado Supreme Court
Decision Helps Clear the Haze
The good news for businesses is that,
so far, courts have sided with employers
when employees sue because of discipline related to medical
marijuana usage. Just as with alcohol, employers in all 50
states and the District of Columbia are still permitted to
restrict possession and use of marijuana at work, and can
prohibit employees from reporting to work impaired or under
the influence of marijuana.
A recent decision by the Colorado Supreme Court
upheld the firing of an employee for using medical marijuana off-duty. Brandon Coats had filed a complaint against
Dish Network after he was fired in 2010 for failing a random
screening drug test at the company. As a quadriplegic, he
has a Colorado state license to use medical marijuana for
muscle spasms. Dish Network argued that its zero-tolerance