re: Colorado Supreme Court: workers can be fired for off-duty marijuana use

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Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the feds can decide to stop you.

When there is a conflict between a state law and federal law, it is the federal law that prevails.

For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.

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Marijuana was made legal to be sold in Colorado recreationally. It is against Federal law, yet it still happened. The Colorado State Supreme Court does not have to follow Federal regulation here. Their rulings can be challenged by the US Supreme Court, but this has not been in front of the US Supreme Court before. Colorado could have done what it wanted here.

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Once the federal government changes medical marijuana laws, and remove it from being a schedule 1 narcotic, they'll begin to allow actual prescriptions, instead of recommendations. Then medical marijuana patients will have the same worker protections as any other prescription drug, like opiates and benzos

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correct

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i fire my employees if they drink off duty, so i agree with this.

I also fire them if they are prescribed scheduled drugs.

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lol @ this shite

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Doctors do not prescribe marijuana, they "recommend" it's use. So basically, this decision is pretty much delaying the inevitable. Once the federal government changes medical marijuana laws, and remove it from being a schedule 1 narcotic, they'll begin to allow actual prescriptions, instead of recommendations. Then medical marijuana patients will have the same worker protections as any other prescription drug, like opiates and benzos.

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This is a solid explanation. I haven't had enough coffee to say it this well

So when will someone bring up a law for firing someone for "off duty" alcohol use?

As such, the question at hand is whether the use of medical marijuana — which is in compliance with Colorado's Medical Marijuana Amendment — is "lawful" under the state's Lawful Off-Duty Activities Statute.

That term, the justices said, refers to activities lawful under both state and federal law.

"Therefore, employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute," Justice Allison H. Eid wrote in the opinion.

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We can look at the case of Gerald Duval Jr. Duval claims he is on the frontlines of the war over medical marijuana. Michigan, Duval's home, allows the farming and use of medical marijuana. Duval Jr. thought his Michigan pot farm was protected under state law -- then the feds came. Now, he will soon serve a 10-year prison sentence for breaking the U.S. government's marijuana regulations.

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I know its illegal federally. What are you trying to prove?

You are fighting the wrong fight

Colorado could've ruled differently here if they wanted. That's what I'm trying to say. They had pressure I'm sure, but it was still their choice.

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Colorado Supreme Court: workers can be fired for off-duty marijuana use

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God bless them

Don't some Baptist schools make teachers sign something saying they will not drink alcohol under penalty of termination.

I know an ex girlfriends mom held this job and had to do that.

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There are tests for checking if a person is high on marijuana at the time of the test. Canadian companies do this. US companies just refuse to adapt their testing.

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Gotcha