An El Paso County District Court judge has ruled in favor of an employer that fired an employee who failed a drug screen due to his off-duty use of medical marijuana.1
Colorado statute provides that employers cannot terminate employees for participating in lawful, off-duty activities (see section 24-34-402.5, C.R.S). However, the El Paso County Court reasoned that the use of medical marijuana in Colorado was merely “decriminalized,” and not truly “legal.” Therefore, the employer’s actions in terminating the employee did not violate the statute.
The El Paso County ruling is not binding in other cases. However, this same issue, but in another case, is presently on appeal to the Colorado Court of Appeals. So, stay tuned.
End Note
1 Hall v. Direct Checks Unlimited (El Paso Cty Dist. Ct., June 27, 2011).
