Colorado Top Court Ruling In Marijuana Firing Case Could Have Ripple Effect

It’s a practical question that follows logically from the disconnect between state and federal marijuana law in Colorado (and several other states). The case, now before the Supreme Court of the State of Colorado, involves a quadriplegic employee who used medical marijuana off-duty and was never impaired at work, but nonetheless was fired for flunking a marijuana test. Under Colorado’s lawful activity statute, employers can’t discharge employees for engaging in lawful conduct outside of work that does not impact work. The Colorado Supreme Court will decide whether the statute provides protection for activities that are legal under state law, but forbidden under federal law. The Colorado decision is purely under medicinal marijuana, but if this expands to recreational that could cause Colorado employers more of a headache, says Foley & Lardner attorney Michael Groebe in a Q&A with LXBN’s Colin O’Keefe.