The Colorado Supreme Court agreed on January 27, 2014 to review a case holding that an employer did not violate the state’s “legal activities” law when it dismissed an employee who used “medical marijuana” while off duty. Coats v. Dish Network, No. 13SC394 (CO. Jan. 27, 2014). For a detailed discussion of the facts of the case and the appellate court’s decision, see the article on our website, Colorado Court Rules Use of ‘Medical Marijuana’ Not ‘Lawful’ under State’s ‘Legal Activities’ Law.
The Colorado Supreme Court will review two issues in the case: (1) whether the state’s Lawful Activities law protects employees from discretionary discharge for lawful use of medical marijuana outside the job where the use does not affect job performance; and, (2) whether the state’s Medical Marijuanalaw makes the use of medical marijuana “lawful” and confers a right to use medical marijuana to persons lawfully registered within the state.