A message from Kim L. Ritter, Director/Employment Attorney at Minor & Brown PC, Denver, CO
The Colorado Supreme Court just released its opinion in the Coats matter, attached. The Supreme Court affirmed the opinion of the Court of Appeals which held that an activity such as medical marijuana use that is unlawful under federal law is not a ‘lawful’ activity under section 24-34-402.5 CRS. It went on to find that Coat’s medical marijuana use was unlawful under federal law, it did not fall within the protections of section 24-34-402.5 CRS for ‘lawful’ use.
Employers may still enforce their drug policies and discipline or terminate an employee who tests positive for THC.