Can A Colorado Employer Fire A Medical Marijuana User?

It’s a practical question that follows logically from the disconnect in Colorado (and several other states) between state and federal marijuana law. Now the question has reached the Supreme Court of the State of Colorado. The case 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. In another case, in April 2013 of last year, a Colorado appeals court held that a state law barring employers from firing someone for lawful off-hours conduct does not extend to cases where the conduct is question is using medical marijuana. In the case going before the Colorado Supreme Court, the appeals court granted the employer’s motion to dismiss under the same theory.