A Colorado court ruled that employers can fire an employee who tests positive for marijuana, even though the substance is legal in the state.
In a split decision, the Colorado Court of Appeals ruled that an employer is within their legal right to terminate an employee upon failing a drug test.
The ruling came after hearing the case of Brandon Coats. The 33-year old was fired by Dish Network LLC in 2010 after failing a drug test. Coats became a medical marijuana patient in 2009 after a car crash paralyzed him as a teenager, according to the Associated Press.
He said uses the marijuana to cope with painful muscle spasms stemming from the car accident.
Michael Evans, the attorney for Coats, argued that his client's termination was unlawful because of Colorado's Lawful Off-Duty Activities law, which protects employees from being fired for engaging in legal activities off the clock, such as cigarette smoking. Evans contends that Coats is protected by the law because marijuana is legal in Colorado.
A trial court dismissed Coats' initial lawsuit to regain his job, and the case went to the Appeals court. Because federal law overrides state law, the court found no reason to rule in favor of Coats.
"We can find no legislative intent to extend employment protections to those engaged in activities that violate federal law," Judge Janice Davidson wrote.
Evans plans to appeal the case to the State Supreme Court.
"This case not only impacts Mr. Coats, but also some 127,816 medical marijuana patient-employees in Colorado who could be summarily terminated even if they are in legal compliance with Colorado state law," he said.
A showdown between state governments that allow marijuana use and the federal government, which classifies marijuana as a dangerous drug, is inevitable.
