Pubdate: Wed, 17 Jun 2015
Source: Colorado Springs Independent (CO)
Column: CannaBiz
Copyright: 2015 Colorado Springs Independent
Contact:  http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Bryce Crawford

EMPLOYEES TAKE HIT FROM COLORADO SUPREME COURT AND MORE

Employees take hit

On Monday, the Colorado Supreme Court dealt a blow to 
medical-marijuana patients when it confirmed that employees have no 
legal protection against being fired for off-duty use. Upholding two 
lower court rulings, the 6-0 decision came after Brandon Coats - a 
quadriplegic medical-cannabis user who was fired by Dish Network in 
2010 after testing positive for pot - sued the company for wrongful 
termination, but lost repeatedly.

This latest and final setback, like the others, turned on the 
interpretation of the phrase "lawful activity" in Colorado's Lawful 
Off-Duty Activities statute. It reads, "It is a discriminatory or 
unfair employment practice for an employer in Colorado to terminate 
the employment of any employee due to that employee's engaging in any 
lawful activity off the premises of the employer during nonworking 
hours." Coats' attorneys argued the guideline should be state, not 
federal, law.

Writing for the court, Justice Allison H. Eid says, "The term 
'lawful' as it is used in section 24-34-402.5 is not restricted in 
any way, and we decline to engraft a state law limitation onto the 
term. Therefore, an activity such as medical marijuana use that is 
unlawful under federal law is not a 'lawful' activity under section 
24-34-402.5. Accordingly, we affirm the opinion of the court of appeals."

In a press release quoted by the Denver Post, Coats' attorney Michael 
Evans called the results "devastating," continuing: "Today's decision 
means that until someone in the [Colorado] House or Senate champions 
the cause, most employees who work in a state with the world's most 
powerful MMJ laws will have to choose between using MMJ and work."

On the other hand, tweets 9NEWS reporter Brandon Rittiman, "[Human 
resources] expert tells me despite ruling, many CO employers (esp. in 
hospitality) have dumped THC testing so they can fill jobs."

Statistically speaking ...

This week, the Colorado Department of Public Health and Environment 
released statistics on resident marijuana use in Colorado in 2014. 
The survey shows that 13.6 percent of respondents age 18 and up 
currently use cannabis, including 12 percent in El Paso County (or 
roughly 79,000 people). Among current users, one in three use 
marijuana daily, while almost one in five report driving afterward.

Men use more than women - 17.2 percent versus 10 percent - with those 
aged 18 to 24 getting their weed on at 10 times the rate of those 
older than 65. Broken down by race, blacks represent the highest rate 
of use followed by whites and Hispanics. LGBT adults partake at over 
twice the rate of heterosexuals.

The rate of Coloradan respondents age 21 and up who have ever used 
marijuana is 49.5 percent, with the rate of "ever use" increasing 
with educational attainment. Similarly, "adults with higher incomes 
are more likely to have used marijuana."
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MAP posted-by: Jay Bergstrom