The results of the 2012 elections in Colorado were envied by pot smokers throughout the country. Amendment 64, an amendment that would legalize recreational use of marijuana for those 21 years of age and older was voted in favor of. Once signed off on by governor Jon Hickenlooper, there is a plan for government regulation and taxation. But don't get too excited yet. During the short period of time since the election, questions have arisen regarding employers and employee marijuana usage. According to Colorado's Lawful Off-Duty Activities Statute, employees cannot be fired for the legal things they do outside of the office, for example, smoking cigarettes. So therefore, one would think that they can't get in trouble for recreationally smoking outside of the work place if it were legal. However, this is not the case.
Presently, there is a case in front of the Colorado Court of Appeals regarding an employee who tested positive for medical marijuana usage, which has been legal for 12 years in Colorado. While this case doesn't have to do with the new legislation passed, it has brought up for discussion the effects of amendment 64 in the workplace. Employers all agree that their main priority is to have a safe work environment, and that with the passage of amendment 64, they are afraid that this is not possible.
From here we look to the court case in the Colorado Court of Appeals. While it is presently legal to use marijuana in Colorado for recreational and medicinal purposes, the attorney on behalf of the employer believes that the company was acting on the behavior based on federal laws. Based on federal laws, marijuana use or any purpose, medicinal or not, is not deemed to be a lawful activity. Within Colorado, there are more than 100,000 registered medicinal marijuana users. This means that if marijuana usage was ruled to not be lawful and grounds for firing, then many of those 100,000 patients have a chance of being fired. So if you live in Colorado, next time you hit the local dispensary, you may want to think twice.
http://www.denverpost.com/recommended/ci_22065335
http://www.coloradoan.com/article/20121126/NEWS01/311260019?odyssey=mod%7Cmostcom
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