A Colorado company could fire an employee who tested positive for marijuana use even though he used the drug for medical purposes, and even though marijuana is legal under state law, the Colorado Supreme Court recently decided.
The employee sued under Colorado’s “lifestyle law,” which prohibits businesses from disciplining employees for lawful activities done on their own time.
But the court said that because marijuana use is still illegal under federal law, the “lifestyle law” didn’t apply.
You should be aware, though, that a number of states that allow medical marijuana are now revising their laws to ban companies from firing workers who test positive for the drug – so long as the workers don’t smoke it, possess it or display its effects in the workplace. So the issue can still be complicated in some cases.