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kentuck

(111,110 posts)
Tue Jun 16, 2015, 08:01 AM Jun 2015

Employers' zero-tolerance drug policies trump Colorado's medical marijuana laws...

http://www.denverpost.com/news/ci_28315256/colorado-supreme-court-affirms-lower-court-rulings-medical

<snip>
Employers' zero-tolerance drug policies trump Colorado's medical marijuana laws, the Colorado Supreme Court ruled Monday.

In a 6-0 decision, the high court affirmed lower court rulings that businesses can fire employees for the use of medical marijuana — even if it's off-duty.

With the ruling, which was a blow to some medical marijuana patients and a sigh of relief to employers, Colorado became the first state to provide guidance on a gray area of the law.

The decision came nine months after the state's highest court heard oral arguments in Brandon Coats' case against Dish Network. Coats became quadriplegic in a car accident and used marijuana to control leg spasms. He had a medical marijuana card and consumed pot off-duty. He was fired in 2010 after failing a random drug test.

....more
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Employers' zero-tolerance drug policies trump Colorado's medical marijuana laws... (Original Post) kentuck Jun 2015 OP
Uh, this sounds like corporations overruling governments. SusanCalvin Jun 2015 #1
Exactly! kentuck Jun 2015 #2
BINGO - the very first thought that popped into my head upon reading the title. bullwinkle428 Jun 2015 #17
My thoughts too. midnight Jun 2015 #19
No, it's a restatement of states' rights. Igel Jun 2015 #21
I see your point. SusanCalvin Jun 2015 #23
Then they should also test employees for ALL prescription drugs hobbit709 Jun 2015 #3
I think they should appeal this case to the Supreme Court... kentuck Jun 2015 #5
K&R! We have religion trying to trounce and overrule court decisions and now corps. doing the RKP5637 Jun 2015 #10
Surely not this Supreme Court! sofa king Jun 2015 #20
IMO they should start at the top. In some corps. those at the top are so whacked out they RKP5637 Jun 2015 #6
And if they aren't, then they need to be. hobbit709 Jun 2015 #7
Excellent point!!! n/t RKP5637 Jun 2015 #11
They should be tested Dirty Socialist Jun 2015 #15
Yep, that too! IMO also many of them would test pretty high on a sociopathic evaluation. n/t RKP5637 Jun 2015 #16
I don't think they test for heroin or cocaine, only marijuana? kentuck Jun 2015 #18
They probably do... shedevil69taz Jun 2015 #26
Except that cocaine will be out of your system in a day or two... kentuck Jun 2015 #30
Regardless if it's legal or not shedevil69taz Jun 2015 #31
Incredible. Now, these obstinate corps. will tell us what prescribed medications are OK to take. RKP5637 Jun 2015 #4
This was a given. As long as it is illegal on the federal level Exilednight Jun 2015 #8
Unfortunately, I believe you are correct etherealtruth Jun 2015 #27
It's ridiculous that a Customer Service Rep is being drug tested. DawgHouse Jun 2015 #9
The best way to survive IMO in this bizarre country is to figure out how to make a living RKP5637 Jun 2015 #12
Bad idea malthaussen Jun 2015 #13
Agree. That should have been the question the Colorado Supreme Court ruled on... kentuck Jun 2015 #14
What bullshit... lame54 Jun 2015 #22
Not "completely legal," and that's the problem. Pot remains illegal under federal law. Comrade Grumpy Jun 2015 #24
Unless you believe in the 10th Amendment? kentuck Jun 2015 #29
Job seekers need to loudly boycott employers who take this line. Comrade Grumpy Jun 2015 #25
Not really that different than companies that make not smoking a condition of employment. WillowTree Jun 2015 #28

kentuck

(111,110 posts)
2. Exactly!
Tue Jun 16, 2015, 08:11 AM
Jun 2015

The people's vote has been over-ruled by a corporation. Employers have rights beyond the desires or laws of any state.

Igel

(35,359 posts)
21. No, it's a restatement of states' rights.
Tue Jun 16, 2015, 12:09 PM
Jun 2015

The state has the right to overrule federal law.

If the federal government says X is illegal and the state allows it, the state law must take precedence.

Whether it's pot. As in this case. But if that's true, then it's true in other situations.

If the state permits voter restrictions or bans miscegenation or makes it okay for landlords to not rent to gays or illegal aliens or black people. Ummm ... Not so cool.

Remember: The ultimate claim is that the state's legal code has greater precedence than federal law. Some will find that statement harder to agree with now. Thinking, fast and slow. (I really like Kahnemann.)

Of course, the outrage isn't intended to be a re-affirmation of states' rights. That's just the justification for outrage at having what somebody wants to be true not be the way things are at all, and no better justification can be found in the law.

SusanCalvin

(6,592 posts)
23. I see your point.
Tue Jun 16, 2015, 12:37 PM
Jun 2015

And agree, now that you mention it.

Not that I have to like the outcome in this particular case. That corporation needs to leave him alone.

hobbit709

(41,694 posts)
3. Then they should also test employees for ALL prescription drugs
Tue Jun 16, 2015, 08:19 AM
Jun 2015

Find anything in their system and fire them.

kentuck

(111,110 posts)
5. I think they should appeal this case to the Supreme Court...
Tue Jun 16, 2015, 08:20 AM
Jun 2015

It is a basic constitutional question about individual rights, in my opinion.

RKP5637

(67,112 posts)
10. K&R! We have religion trying to trounce and overrule court decisions and now corps. doing the
Tue Jun 16, 2015, 08:23 AM
Jun 2015

same. Exactly as you say IMO.

"It is a basic constitutional question about individual rights, ..."

sofa king

(10,857 posts)
20. Surely not this Supreme Court!
Tue Jun 16, 2015, 10:14 AM
Jun 2015

When was the last time a basic constitutional question about individual rights DID NOT land on the side of money and property and conservative politics, hmmm?

Not in this millennium....

RKP5637

(67,112 posts)
6. IMO they should start at the top. In some corps. those at the top are so whacked out they
Tue Jun 16, 2015, 08:20 AM
Jun 2015

have to be on something.

kentuck

(111,110 posts)
18. I don't think they test for heroin or cocaine, only marijuana?
Tue Jun 16, 2015, 09:47 AM
Jun 2015

That seems very discriminatory at first glance.

shedevil69taz

(512 posts)
26. They probably do...
Tue Jun 16, 2015, 12:58 PM
Jun 2015

If they use anything similar to what we use in the military they test for a WIDE range of substances all at once .

kentuck

(111,110 posts)
30. Except that cocaine will be out of your system in a day or two...
Tue Jun 16, 2015, 02:32 PM
Jun 2015

...and marijuana may show up weeks later.

I think it is a classical 10th Amendment issue.

shedevil69taz

(512 posts)
31. Regardless if it's legal or not
Tue Jun 16, 2015, 04:32 PM
Jun 2015

many employers (mine the US Army included) often times will prohibit the use of certain substances as a condition of employment. In the case of Mary Jane until we can come up with a test that measures if someone is under it's influence on an immediate basis employers are going to have cause to terminate based off the old fashioned pee test

RKP5637

(67,112 posts)
4. Incredible. Now, these obstinate corps. will tell us what prescribed medications are OK to take.
Tue Jun 16, 2015, 08:19 AM
Jun 2015

I'm so tired of the bullshit. When will citizens rise up and break the shackles of supposed freedom which becomes more and more of a lie all the time.

etherealtruth

(22,165 posts)
27. Unfortunately, I believe you are correct
Tue Jun 16, 2015, 01:04 PM
Jun 2015

this was a particularly sad case of someone 's seizure's being eased

RKP5637

(67,112 posts)
12. The best way to survive IMO in this bizarre country is to figure out how to make a living
Tue Jun 16, 2015, 08:31 AM
Jun 2015

without working for inane corporations many of whom are just legit crooked operations run by sociopaths. Some are OK, but many are invasive into many aspects of ones life. The best way to survive today IMO is to live cheaply and work independently if at all possible. The landscape in this country is quickly changing and tradition employment routes are not going to work in the long run IMO.

malthaussen

(17,216 posts)
13. Bad idea
Tue Jun 16, 2015, 08:49 AM
Jun 2015

Firing someone for using marijuana in a state where it is legal is as arbitrary as firing someone for what color tie they wear. Of course, Mr Coats may well have violated his employment contract, which is a separate kettle of fish. But in that case, there should be a ruling on whether such contracts can be legal or not.

-- Mal

kentuck

(111,110 posts)
14. Agree. That should have been the question the Colorado Supreme Court ruled on...
Tue Jun 16, 2015, 08:52 AM
Jun 2015

Whether or not companies can ask for your blood to be tested at any time they wish?

WillowTree

(5,325 posts)
28. Not really that different than companies that make not smoking a condition of employment.
Tue Jun 16, 2015, 02:20 PM
Jun 2015

And that's been upheld in court.

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