Colorado Supreme Court Ruling Sets Precedent on Workplace Drug Test Results
Quadriplegic Brandon Coats, prescribed medi-weed, terminated for failing drug test
Quadriplegic Brandon Coats, prescribed medi-weed, terminated for failing drug test
| Attorney Michael D. Evans and client Brandon Coats [Credit: The Evans Firm] |
Considering the rapid success of marijuana legalization efforts across the United States, one contradiction is causing issues between employers and employees: the dissonance between state legality and federal prohibition, complicated by drug testing employees who test positive but are not exhibiting impairment or drug use at work. To clarify the situation, at least in Colorado, their Supreme Court yesterday ruled in favor of the employer.
In spite of the successful decade of legal medical Cannabis that had passed in the state of Colorado by 2010, Dish Network employee Brandon Coats was fired that year after a workplace drug test revealed a positive result for marijuana. His case brought attention to a pitfall of even the most well-planned and executed pot legalization efforts, as he was authorized by a doctor to medicate with Cannabis outside of work hours and yet he was fired anyway for testing positive.
Dish Network was not accusing Coats of workplace drug use or on-the-job impairment. However, the company promotes a zero-tolerance drug policy - due to the current federal status that marijuana remains illegal - and he was terminated, regardless of his prescription.
Colorado has obviously expanded their pro-pot laws to include legalization of recreational weed in the time since this case began. However, it is likely that this Supreme Court ruling will set an unnerving precedent in other states.
One positive aspect from this case is that those crafting the legislation for future legal weed states can see real-world consequences of not considering all angles, such as employment concerns of medical marijuana patients, when penning our new laws.
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