In a brief filed with the state Supreme Court last month, the Colorado attorney general's office argues that giving workers a right to use marijuana off duty "would have a profound and detrimental impact on employers in the state."
"Contrary to popular perception, Colorado has not simply legalized marijuana for medical and recreational purposes," state attorneys write in the brief. "Instead, its citizens have adopted narrowly drawn constitutional amendments that decriminalize small amounts of marijuana."
The Colorado Court of Appeals — the state's second-highest court — last year upheld Dish Network's firing of a quadriplegic medical-marijuana patient for a positive drug test. Although there is no allegation that Brandon Coats was stoned at work, the company said it has a zero-tolerance policy on marijuana.
Coats say his off-the-job marijuana use should be protected by Colorado's Lawful Off-Duty Activities Statute, which prevents companies from firing employees for doing things outside of work — like smoking cigarettes — that are legal. Dish Network argues that marijuana use can't be considered lawful while cannabis remains illegal federally.
