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Colorado Supreme Court Says You Can Still Get Fired For Using Cannabis Off-the-Clock

The Colorado Supreme Court has ruled that a satellite television company lawfully fired a quadriplegic employee after he tested positive for marijuana, finding that the federal prohibition on pot makes the drug unlawful even though marijuana use is legal in the state.

The seven-member court ruled that former Dish Network customer service representative Brandon Coats, who uses marijuana in his off time to deal with painful muscle spasms, was rightfully fired on June 7, 2010, after he failed a drug test.

Coats sued, alleging wrongful termination. Coats argued that marijuana was made lawful when Colorado voters legalized it in 2012.

A trial court dismissed Coats’ suit, saying the state’s legalization of marijuana only provides a defense against prosecution, and does not make the use of marijuana a “lawful activity” that is protected against discrimination.

The Colorado Constitution specifically states that employers don’t have to amend their policies to accommodate employees’ marijuana use, the Associated Press reported. [Read more at Los Angeles Times]

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