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Medical Marijuana › CO Supreme Court

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
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Miners & Marijuana

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As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

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In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

Mintz - Employment, Labor & Benefits...

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

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Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Clark Hill PLC

Colorado Medical Marijuana Case is Not as Far-Reaching as Expected

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On June 15, 2015, the Colorado Supreme Court issued its highly anticipated decision in Coats v. Dish Network. In a unanimous decision, the court in Coats upheld the termination of an employee who failed a random drug test...more

Pullman & Comley - Labor, Employment and...

Recent Colorado Supreme Court Decision on Medical Marijuana Highlights Risks Facing Employers in Connecticut Who Seek to Enforce...

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As many of our clients know, we frequently train and counsel employers on the implications of Connecticut’s medical marijuana law in the workplace. Although medical marijuana use remains illegal under federal law,...more

Sherman & Howard L.L.C.

Medical Marijuana Still “Unlawful”

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The Colorado Supreme Court considered whether a state law prohibiting discrimination based on an employee’s “lawful” off-work activities applies to the employee’s use of medical marijuana as permitted under state law. Coats...more

Foley & Lardner LLP

Colorado Supreme Court Plays Debbie Downer for Medical Pot Users

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The wait is finally over. Employers in Colorado – and in other states with similar lifestyle laws – can breathe a sigh of relief following a recent ruling by the Colorado Supreme Court. In Coats v. Dish Network, a...more

Proskauer - Law and the Workplace

Colorado Supreme Court Okays Discharge of Medical Marijuana-Using Employee

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Colorado, like some other states including New York, has a law that generally prohibits an employer from discharging an employee for engaging in lawful activities outside of work. Earlier this week, in Coats v. Dish Network,...more

Kelley Drye & Warren LLP

It’s Not All “High” in the Rockies – Colorado Supreme Court Finds That Employees Can Be Fired For Use of Medical Marijuana

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As more states legalize medical marijuana and consider legalization of “recreational” marijuana, many employers have wrestled with the question of whether they can still maintain a drug free workplace or must allow employees...more

Holland & Knight LLP

Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to...

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In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of...more

BakerHostetler

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical...

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On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana...more

Cozen O'Connor

Employers May Fire Employees for State-Licensed Medical Marijuana Use, Colorado Supreme Court Holds

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In a much anticipated decision, the Colorado Supreme Court confirmed an employer’s right to fire employees for drug use — even state-licensed use of medical marijuana. The court ruled in a unanimous decision that Dish Network...more

Miller Canfield

Colorado High Court Finds Smoking Medical Marijuana a Drag on Employment

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The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado...more

McNees Wallace & Nurick LLC

Even in Colorado, you can be fired for off-duty drug use

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Remember this one about the employee fired for legal drug use? How about this one? It seems that we have been talking more about the impact of legal marijuana use on employment since 2012, when voters in Colorado and...more

Constangy, Brooks, Smith & Prophete, LLP

Colorado Supreme Court Beats the Reefer

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In a closely watched case involving legal protections for medical marijuana users, the Colorado Supreme Court decided yesterday that the state’s “lawful products” statute does not apply to activities that violate federal law....more

Faegre Drinker Biddle & Reath LLP

Colorado Supreme Court Confirms Medical Marijuana Use Is Not Protected by Colorado's Lawful Activities Statute

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On June 15, 2015, in a highly anticipated but not unexpected decision, the Colorado Supreme Court held that medical marijuana use, which is unlawful under federal law, is not a “lawful activity” under Colorado’s lawful...more

Hinshaw & Culbertson LLP

Dazed But Slightly Less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge

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Dazed But Slightly Less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge - If you are in one of the twenty-three (and counting) states which permits the medically authorized use of marijuana,...more

Polsinelli

Colorado Supreme Court: Terminating an Employee for Marijuana Use Does Not Violate the Colorado Lawful Activities Statute

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On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this...more

Sherman & Howard L.L.C.

Colorado Supreme Court Upholds Employers’ Right To Fire Employees That Test Positive For Medical Marijuana

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In a case which has been monitored by employers nationwide, the Colorado Supreme Court upheld an employer’s decision to terminate an employee for testing positive for tetrahydrocannabinol (THC), in a random drug test....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Supreme Court Affirms Right to Discharge Medical Marijuana User Who Tested Positive in Violation of Zero Tolerance Policy

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Today, the Colorado Supreme Court issued its long-awaited opinion in Coats v. Dish Network, No. 13SC394 (June 15, 2015). The court held that Colorado’s lawful off-duty conduct statute does not prohibit employers from...more

Littler

Colorado Supreme Court Upholds Termination of Employee for Medical Marijuana Use

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On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use.  In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is...more

Stoel Rives LLP

Colorado Supreme Court Upholds Firing of Medical Marijuana User

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The Colorado Supreme Court ruled today in a 6-0 decision that Colorado’s “lawful activities statute,” which provides protections to employees who engage in lawful off-duty conduct, only applies to conduct that is lawful under...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Ruling on Employee Marijuana Use Has National Implications

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In a much anticipated decision, the Colorado Supreme Court reaffirmed an employer’s right to enforce its drug policy even against a medical marijuana user. Because the court’s decision on Coats v. Dish Network, LLC is rooted...more

Fisher Phillips

Colorado Employers Handed Medical Marijuana Victory

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On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test...more

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