Employers Still Discriminating Against Colorado Cannabis Users

As cannabis becomes more integrated into mainstream culture, with 23 states allowing for medicinal or recreational cannabis use, there is still a large disparity between acceptance of cannabis in culture and acceptance in the work place. Despite the legal status of medicinal cannabis, employers are still firing employees who’s drug tests show up positive for cannabis. While alcohol consumption, which is arguably far more dangerous, goes unchecked and unpunished by employers.

The backward logic of cannabis prohibition continues to create problems for fully functioning, responsible employees who are discriminated against by employers just because they partake of cannabis in their free time. It would seem in a freedom loving culture such as the United States, we would value the ability to use one’s own leisure time as one sees fit.

Brandon Coats was fully aware his drug test issued by his employer Dish, would come up positive for cannabis. Coats, who had been paralyzed in a car crash at 16, has been using medicinal cannabis since 2009 to alleviate the painful spasms that jolt his body. When Coats test came back after a random screening he explained his use to his employer. Despite Coats assertion that his medication has never adversely affected his ability to perform his duties at work, Dish still terminated his employment for violating the companies drug-free policy.

Even in Colorado, one of the most cannabis-friendly states, job searching is still an unwelcome terrain for cannabis users, with job listings clearly advertising their screening practices and drug-free policies. Employers claim the screenings identify drug abusers, create a safer work environment, lower insurance costs and, in some cases, are required by law. Cannabis proponents view these policies as discrimination against employees who use cannabis as medical treatment or those who partake simply because it is legal.

Brandon Coats with his lawyer.

On September 30, Coats plans to take legal action, presenting his case to the Colorado Supreme Court in a lawsuit challenging the termination of his employment in 2010 due to his cannabis use. In past years, Colorado courts have sided with drug screening companies ruling against cannabis users stating that companies have the right to determine their own drug policies. Experts speculate that in Coats upcoming case, a victory could entirely change how businesses treat cannabis users. Coats attorney, Michael Evans, argues that Coats use of medicinal cannabis is protected under a state law that prohibits companies from firing workers who engage in lawful activity while not at work.

Danielle Urban, an attorney with Fisher & Phillips LLP, a Denver-based employment law firm states, “No cases have been litigated yet in Colorado, so we’re not sure how a court might rule or how a jury might find.” According to Urban, state courts in California, Washington, and Oregon have sided with employers in court cases dealing with cases involving employees that were terminated for medical cannabis use, but none of these states have a law similar to Colorado’s protecting employee’s who engage in legal activity while off the clock.

In a brief the company wrote to court, Dish stated that if they lose the case, “Dish (and every other Colorado employer) can no longer maintain a drug-free policy” and companies in the state risk losing federal contracts because they do not comply with federal workplace law. Once again we see the issues created by discrepancies between federal and state law.

If anything this case illustrates the need for federal law to finally stop treating cannabis as an illegal drug, as a growing number of states readily incorporate cannabis into their culture and economy. Until the federal prohibition ends we will likely continue to see complex and confusing legal issues in states where cannabis use is legalized.