Judges' opinion on Coats v. DISH means employers may keep zero-tolerance policies |
![]() |
Judges issued their opinion today after hearing testimony last September
A court case held that the termination was legal, as marijuana remains illegal federally. The decision was upheld by an appellate court. The Supreme Court was asked to decide if the use of medical marijuana is 'lawful' under Colorado's 'lawful activities statute.' Because medical marijuana use is not illegal in Colorado, and Coats was using it with permission from a physician, his lawyers argued that it was therefore 'lawful' use. If the court decided that his use was indeed lawful, then his employer may not fire him for engaging in a lawful activity. The case was complicated because it was uncertain whether an activity (marijuana use) could be considered lawful activity in a state while it was prohibited according to federal law. The judges stated:
To read the entire opinion, visit https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2013/13SC394.pdf |