Colorado appeals court case debates question of off-duty marijuana use

Colorado appeals court case debates question of off-duty marijuana use

A case pending before the Colorado Court of Appeals could have a big impact on whether employers will be able to fire workers who smoke marijuana off duty.

The case concerns a former Dish Network telephone operator and medical-marijuana patient who was fired after testing positive for pot, even though there was no evidence he was impaired on the job. The operator, Brandon Coats, says it is against state law to fire someone for doing something off duty that is legal.

While Coats' case concerns medical-marijuana law, it is drawing extra attention after the passage of Amendment 64, which legalized marijuana use for everyone age 21 and older in Colorado. Some employers said during Amendment 64's campaign that they worried that the measure would prevent them from enforcing workplace drug policies that prohibit any marijuana use at all.
What Coats' case may answer: Does it?

"These are things that employers are definitely concerned about," said Vance Knapp, an attorney for the Denver firm Sherman & Howard who specializes in employment law. "For policy reasons, we want to make sure we have a safe workplace. And obviously, that has to be balanced against employees' rights in Amendment 64."

http://www.denverpost.com/news/marijuana/ci_22065335/colorado-appeals-court-case-debates-question-off-duty?source=rss

Meh, you can fire/not hire people who smoke regular cigs at home, so this will be treated the same. It's not about freedom but about potential costs and such.