“The term ‘lawful’ refers only to those activities that are lawful under both state and federal law,” Colorado Supreme Court rules.
Colorado Supreme Court Rules Companies Can Fire Employees for Using Marijuana
In one of the most highly watched marijuana cases in the country, the Colorado Supreme Court ruled Monday morning that companies can fire employees for smoking pot—even if it’s off-duty and despite the drug being legal in the state.
The decision poses a major setback for legalization proponents, as it sets the precedent that state marijuana laws do not override federal law that declares the drug to be illegal.
“[Under] Colorado’s ‘lawful activities statute,’ the term ‘lawful’ refers only to those activities that are lawful under both state and federal law,” the court’s opinion reads. “[E]mployees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected.”
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