Colorado court to decide if employees can smoke pot off-duty

Discussion in 'The Cocktail Lounge' started by admin, Jun 15, 2015.

  1. admin

    admin Administrator Staff Member

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    DENVER (AP) - Pot may be legal in Colorado, but you can still be fired for using it.

    Now, the state’s highest court is considering whether workers’ off-duty use of medical marijuana is protected under state law.

    The case is being watched closely around the country and could have big implications for pot smokers in the first state to legalize recreational sales of the drug. Though the Colorado case involves medical marijuana, the court’s decision could also affect how companies treat employees who use the drug recreationally.

    Colorado’s Supreme Court was scheduled to issue a ruling in the case of Brandon Coats, a medical marijuana patient fired by the Dish Network after failing a drug test in 2010. Coats didn’t use marijuana at work and wasn’t accused of being high on the job.

    Coats said his pot smoking is allowed under a state law intended to protect employees from being fired for legal activities off the clock. But the company argues that because pot remains illegal at the federal level, medical marijuana isn’t covered by the state law.

    In arguments last year, Dish attorney Meghan Martinez argued that it doesn’t matter whether Coats was ever high on the job.
    “It’s a zero-tolerance policy,” she said.

    State Supreme Courts in California, Montana and Washington state have all ruled against fired patients.


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     http://www.washingtontimes.com/news/2015/jun/15/colorado-court-to-decide-if-employees-can-smoke-po/#ixzz3d7zz8G00

     
  2. Sunflogun

    Sunflogun Well-Known Member

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    Now, if this is medical marijuana what sense does it make that it is illegal? I mean, if he can prove his condition what do have the courts of law have to do with it?
     
  3. JoshPosh

    JoshPosh Guest

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    They just won't leave the retailers alone on this issue. Let Colorado figure it out. This is the first of it's kind and we are going to see every harry , dick, and tom come out of the wood works and create havoc for the retailers. They just don't want pot in Colorado and will do whatever it takes to make life hard on them. If I was a store owner and my workers did it one their own time, I wouldn't care. As long as they do their job and don't come to work high, we won't be having a problem.
     
  4. gracer

    gracer Senior Investor

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    This case could get Colorado residents confused about the use of Marijuana. So it means that even if it is legal in the state of Colorado, one still doesn't have the luxury to use Marijuana because it's still illegal in the federal level? So which law should be followed, the state law or the federal law? I think the laws should be made clearer to prevent another case such as this to occur again.
     
  5. pwarbi

    pwarbi Senior Investor

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    I think a lot is being made out of this story and the longer it runs, the more cloudy the situation is getting.

    While I can see the point of view with the store owners, at the end of the day as long as the employee does their job the best they can, and what they do outside of work doesn't impact on what happens in work, surely that should be good enough?
     
  6. Yosh

    Yosh Well-Known Member

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    I really don't think it should be allowed during working hours. It should be seen in the same light as alcohol. Yes, there are the medical benefits, but waiting until after work hours won't kill you! I'm all for it's use, don't get me wrong, but I don't think we should allow people in the workforce to be off their face xD
     
  7. Sunflogun

    Sunflogun Well-Known Member

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    That is true, one things is what we do when we are working, what we do outside is not of their concern, considering we are not doing anything illegal. Sometimes I feel that the law goes a little too far.
     
  8. JR Ewing

    JR Ewing Super Moderator Staff Member

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    With the effects marijuana is known to have on things like attention span, short term memory, and motivation, I'm sure many employers in certain industries would like to reserve the right to not allow their employees to be users.

    Which is not to say that anyone would be banning medical marijuana use, just that an employer would have the right to not employ users. I wouldn't want my airline pilot, air traffic controller, or surgeon to be a stoner.
     
  9. Profit5500

    Profit5500 Senior Investor

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    I am hoping that it would be the case of legal marijuana myself. If its the other kind then forget it. Why the heck would I need to go and smoke pot for my break? I would rather get some good food to eat that would be healthy for my stomach.
     
  10. missbishi

    missbishi Well-Known Member

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    It's really not a good idea. I'm all for legalization but I do think that it should be treated in a similar manner to alcohol, unless the worker can prove they have a genuine medical need for it.
     

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