Employer Wins Case

04.26.13

From the Colorado Court of Appeals, April 25, 2013

Yesterday, the Colorado Court of Appeals decided that it is legal to fire an employee who tests positive for marijuana EVEN if the employee has a state-licensed Medical marijuana card and uses marijuana on personal time.

The ruling states, “Because activities conducted in Colorado, including medical marijuana use, are subject to both state and federal law ... to be ‘lawful’ in Colorado, it must be permitted by and not contrary to both state and federal law.”

Handbooks should be updated to reflect your “no drug tolerance” policies. Minor & Brown can help you with any questions you may have.

Advertisement: This information is for general purposes only and is not intended to constitute any specific legal advice of any type.