General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsEmployers' 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
SusanCalvin
(6,592 posts)Kinda like TPP.....
kentuck
(111,110 posts)The people's vote has been over-ruled by a corporation. Employers have rights beyond the desires or laws of any state.
bullwinkle428
(20,630 posts)midnight
(26,624 posts)Igel
(35,359 posts)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)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)Find anything in their system and fire them.
kentuck
(111,110 posts)It is a basic constitutional question about individual rights, in my opinion.
RKP5637
(67,112 posts)same. Exactly as you say IMO.
sofa king
(10,857 posts)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)have to be on something.
hobbit709
(41,694 posts)RKP5637
(67,112 posts)Dirty Socialist
(3,252 posts)For greed. It's is bad as any of the worst drugs.
RKP5637
(67,112 posts)kentuck
(111,110 posts)That seems very discriminatory at first glance.
shedevil69taz
(512 posts)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)...and marijuana may show up weeks later.
I think it is a classical 10th Amendment issue.
shedevil69taz
(512 posts)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)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.
Exilednight
(9,359 posts)Corporations will win this fight.
etherealtruth
(22,165 posts)this was a particularly sad case of someone 's seizure's being eased
DawgHouse
(4,019 posts)RKP5637
(67,112 posts)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)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)Whether or not companies can ask for your blood to be tested at any time they wish?
lame54
(35,324 posts)getting fired for doing something completely legal
Comrade Grumpy
(13,184 posts)kentuck
(111,110 posts)I think it was written for this very type of case.
Comrade Grumpy
(13,184 posts)WillowTree
(5,325 posts)And that's been upheld in court.