|
trampis
mad hatter


Registered: 01/01/06
Posts: 3,545
|
Colorado court to decide if employees can smoke pot off-duty
#21809595 - 06/15/15 07:46 AM (8 years, 7 months ago) |
|
|
source.
Quote:
DENVER (AP) — Pot may be legal in Colorado, but you can still be fired for using it.
Now, the state's highest court is considering whether workers' off-duty use of medical marijuana is protected under state law.
The case is being watched closely around the country and could have big implications for pot smokers in the first state to legalize recreational sales of the drug. Though the Colorado case involves medical marijuana, the court's decision could also affect how companies treat employees who use the drug recreationally.
Colorado's Supreme Court was scheduled to issue a ruling in the case of Brandon Coats, a medical marijuana patient fired by the Dish Network after failing a drug test in 2010. Coats didn't use marijuana at work and wasn't accused of being high on the job.
Coats said his pot smoking is allowed under a state law intended to protect employees from being fired for legal activities off the clock. But the company argues that because pot remains illegal at the federal level, medical marijuana isn't covered by the state law.
In arguments last year, Dish attorney Meghan Martinez argued that it doesn't matter whether Coats was ever high on the job.
"It's a zero-tolerance policy," she said.
State Supreme Courts in California, Montana and Washington state have all ruled against fired patients.
|
Destitute
floss daily
Registered: 11/28/12
Posts: 4,027
Loc: where
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: trampis] 1
#21809885 - 06/15/15 09:28 AM (8 years, 7 months ago) |
|
|
This is an UNBELIEVABLY important decision.
|
Psilosopherr
A psilly goose



Registered: 02/15/12
Posts: 12,278
Last seen: 1 month, 10 days
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: Destitute]
#21810014 - 06/15/15 10:08 AM (8 years, 7 months ago) |
|
|
Yeah in washington a lot of employers still won't hire pot smokers, and will drug test to that effect.
I thought it was BS.
|
eeso
Str@nger

Registered: 03/25/07
Posts: 554
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: Psilosopherr]
#21810025 - 06/15/15 10:10 AM (8 years, 7 months ago) |
|
|
http://reut.rs/1MWpnK8
Reuters:
"Colorado top court: Employees can be fired for smoking pot when not at work
Colorado's top court ruled on Monday that employees can be fired for legally smoking marijuana when not at work, upholding a previous decision by the court of appeals, according to the court decision.
In 2010, Dish Network fired Brandon Coats for violating the company's drug policy, the decision said. Coats, who consumes medical marijuana at home after work in accordance with a state-issued license to use the drug and state law, appealed a court's dismissal of his wrongful termination claim."
(Reporting by Suzannah Gonzales; Editing by Bill Trott)
|
OrgasmicBanana
aka "PICO"



Registered: 08/02/08
Posts: 450
Last seen: 7 years, 10 months
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: eeso] 1
#21810186 - 06/15/15 10:49 AM (8 years, 7 months ago) |
|
|
give it a couple years and it will be so commonplace and accepted that companies wont bother wasting their money to exclude/fire potentially good employees.
I have never worked at a place that requires a drug test before being hired or randomly. If I get offered a job then they tell me I need to take a drug test, I just respectfully decline and tell them why. Once no one cares about pot, drug screening prior to employment will be practically useless since other drugs pass so quickly, and hopefully it will just fade out. I'm sure they will always be used but I think in the future they will be used way way less. We don't necessarily need the supreme court to change it.
|
luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: eeso]
#21810209 - 06/15/15 10:55 AM (8 years, 7 months ago) |
|
|
Quote:
eeso said: http://reut.rs/1MWpnK8
Reuters:
"Colorado top court: Employees can be fired for smoking pot when not at work
Colorado's top court ruled on Monday that employees can be fired for legally smoking marijuana when not at work, upholding a previous decision by the court of appeals, according to the court decision.
In 2010, Dish Network fired Brandon Coats for violating the company's drug policy, the decision said. Coats, who consumes medical marijuana at home after work in accordance with a state-issued license to use the drug and state law, appealed a court's dismissal of his wrongful termination claim."
(Reporting by Suzannah Gonzales; Editing by Bill Trott)
Although I love smoking weed, that's the correct decision. The guy knew company policy. Let the state legislature amend their law so that situations like this don't happen again. It was a stupid oversight on their part.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
|
Gorlax



Registered: 05/06/08
Posts: 6,695
Last seen: 16 days, 20 hours
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: luvdemshrooms]
#21810277 - 06/15/15 11:12 AM (8 years, 7 months ago) |
|
|
I think it's an obvious win case. If it's medically prescribed then an employer shouldn't be able to discriminate against it's use. If this was the case then anyone prescribed whatever medication by a doctor would fall under this bullshit.
I know here in AZ you can't use your medical card as an excuse for a failed test. I think that is pretty stupid considering you aren't doing anything illegal. I've never been in the situation and would never try it with any employer. I remember when it fist became medical here everyone would say "you go into a database that employers can see" which was completely false. It's a medical record I don't see how anyone believed that employers could trump HIPAA laws.
|
luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: Gorlax]
#21810427 - 06/15/15 11:51 AM (8 years, 7 months ago) |
|
|
And again, that needs to be codified into the law. Until then the decision was the correct one.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
|
newshroomer123
Stranger



Registered: 08/06/14
Posts: 378
Loc: Where ever the weed at
Last seen: 2 years, 8 months
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: luvdemshrooms]
#21810768 - 06/15/15 01:15 PM (8 years, 7 months ago) |
|
|
I really hope this turns out to be a win for medical patients and legal users everywhere. I know just from the last 2 weeks since I quit my previous job that just trying to find another job that will hire me has been a pain in the ass. I'm tired of being treated like a criminal because I medicate with a plant instead of the addictive pain pills. I quit using my medication the day I quit but I know I will still fail a drug test for at least another week.
|
luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: newshroomer123]
#21810782 - 06/15/15 01:23 PM (8 years, 7 months ago) |
|
|
It is a shame and hopefully the legislatures will fix it.
Until then, kudos to you for being smart enough to recognize the reality of things.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
|
eeso
Str@nger

Registered: 03/25/07
Posts: 554
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: newshroomer123]
#21810946 - 06/15/15 02:20 PM (8 years, 7 months ago) |
|
|
^ PEOPLE THEY ALREADY DECIDED THE CASE!
They said that the dude was fired legally legit.
|
Ojom
member




Registered: 10/27/99
Posts: 2,148
Last seen: 3 years, 5 months
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: luvdemshrooms] 1
#21813991 - 06/16/15 09:58 AM (8 years, 7 months ago) |
|
|
Quote:
luvdemshrooms said: And again, that needs to be codified into the law. Until then the decision was the correct one.
I don't disagree that it needs to be codified into law, but I have very little doubt that had the individual tested positive for opiates, and provided a valid prescription for opiates to the medical review officer that he would not have lost his job. Medically prescribed/recommended cannabis should be treated no differently.
I've never been drug-tested by Dish, but this is the way all other drug screenings I've been through have worked.
|
Supachopped719
Stranger


Registered: 10/16/13
Posts: 3,311
Last seen: 3 years, 10 months
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: Ojom]
#21814189 - 06/16/15 11:10 AM (8 years, 7 months ago) |
|
|
I've failed a drug test and the company that did the test asked if I had a prescription for marinol. If I did then I wouldn't have failed because it was a medicine prescribed by a doctor. I told them I had a prescription for medical marijuana prescribed by a doctor and I could provide that.
They told me, "Well that doesn't count!"
I asked why and they hung up on me. Upon checking in further about my status they told me the job was no longer available to me.
-------------------- Real Eyes Realize Real Lies.
|
o8u
Taxa Collector


Registered: 10/30/12
Posts: 4,148
Loc: United States
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: Supachopped719] 1
#21814442 - 06/16/15 12:46 PM (8 years, 7 months ago) |
|
|
You can not get a prescription for marijuana anywhere in the US, since it's a Schedule I drug. Recommendations are a work-around for this problem in legal states.
|
natzyshroomer
Star gazer


Registered: 12/01/12
Posts: 405
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: o8u]
#21815714 - 06/16/15 05:37 PM (8 years, 7 months ago) |
|
|
detox drinks? aren't there a million different ways around this? I mean for fucks sake! did anyone forget the notion deny deny deny
-------------------- All submitted posts are by Someone Who Isn't Me and in any event are works of pure fiction or outright lies. Any information, statement, or assertion contained therein should be considered pure unadulterated bullshit
|
Ojom
member




Registered: 10/27/99
Posts: 2,148
Last seen: 3 years, 5 months
|
Re: Colorado court to decide if employees can smoke pot off-duty [Re: natzyshroomer]
#21815885 - 06/16/15 06:15 PM (8 years, 7 months ago) |
|
|
Quote:
natzyshroomer said: detox drinks? aren't there a million different ways around this? I mean for fucks sake! did anyone forget the notion deny deny deny
Someone needed to take this to the highest levels of state law.
|
|