Although many states have legalized the use of medical marijuana, under federal law any use of marijuana is illegal. This situation has caused problems for many employers that have strict drug use policies. The Colorado Supreme Court has ruled that employees who use medical marijuana are not protected by the state's "lawful activities statute" and can be fired, resolving the issue for employers in that state. [Coats v. Dish Network]
The employee in this case, Brandon Coats, is a quadriplegic who has been confined to a wheelchair since he was a teenager. In 2009 he registered for and obtained a state-issued license to use medical marijuana to treat painful muscle spasms caused by his quadriplegia. Coats consumes medical marijuana at home, after work, and in compliance with his license and Colorado state law.
[Related: Marijuana: An emerging coverage risk]
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Rosalie Donlon
Rosalie Donlon is the editor in chief of ALM's insurance and tax publications, including NU Property & Casualty magazine and NU PropertyCasualty360.com. You can contact her at [email protected].
