In a long-awaited decision, the Colorado Supreme Court unanimously upheld an employer’s termination of an employee who tested positive on a drug test due to his off-duty use of medical marijuana. Coats v. Dish Network, LLC, No. 13SC394 (June 15, 2015). Interpreting Colorado’s “lawful activities statute,” the Court held the term “lawful” refers only to activities that are lawful under both state and federal law. Since marijuana remains unlawful under federal law, although its medical use is allowed under state law, the Court refused to extend the protection of the statute to the employee.
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