CO Court: Pot Smokers Aren't Protected Against Firing
Considering that tobacco smokers can be fired, doesn't seem a shocker
DENVER — People who test positive for smoking pot can legally be fired from their job, the Colorado Court of Appeals ruled Thursday in deciding that there is no employment protection for marijuana users.
In a split decision issued on Thursday, the court said marijuana use is still barred by the federal government, even though state-licensed marijuana use has been approved by voters and is considered lawful.
"For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law," the appeals court said.
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So much for federalism. As an employer, I want to be able to fire someone for being stoned on the job, just as I would for being drunk. If there is simply evidence that the person engaged in the legal activity of consuming pot at some point, that's not grounds for termination.
"Employment at will" No business should be forced to keep a doper on the payroll just because weed is legal.
What someone does after work hours, so long as it does not impact their working ability or performance, is their PRIVATE business. An employer should only have the ability to fire someone for lack of performance on the job.