Court says pot smokers can be fired, even in Colo.

[koalabear]

Medical and recreational marijuana may be legal in Colorado, but employers in the state can lawfully fire workers who test positive for the drug, even if it was used off duty, according to a court ruling Thursday.

The Colorado Court of Appeals found there is no employment protection for medical marijuana users in the state since the drug remains barred by the federal government.

"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 stated in its 2-1 conclusion.

http://money.msn.com/business-news/article.aspx?feed=ap&date=20130425&id=16399551

 

[unregistered]

 

[koalabear]

Drinking is legal but drinking on the job will get most people fired as well.

Some employers have no sense of humor.

 

[TheOlderGuy]

Drinking is legal but drinking on the job will get most people fired as well.

key word

 

[MatthewVett]

Hm, but it's not exactly a good precedent to allow people to be fired for using a medicinal drug. Does this mean that your Scientologist boss could fire you for taking psychiatric medicine? Recreational marijuana use, I understand, but if it's actually medicinal, it gets a bit murkier. I guess we just need to work federally...

 

[koalabear]

key word

Show up for work drunk, if you ever get a job.

 

[Sean Renaud]

Show up for work drunk, if you ever get a job.

You don't need to be high to fail a piss test. Hell you can fail a piss test because you ate to much sesame. Sure it's difficult but it's possible.

 

[koalabear]

You don't need to be high to fail a piss test. Hell you can fail a piss test because you ate to much sesame. Sure it's difficult but it's possible.

Drink a lot of caffeine it kills the test.

 

[unregistered]

 

[Sean Renaud]

Actually drinking off the job that hinders your on the job performance or attendance will get you fired as well.

This isn't about job performance or attendance (both of which are means to fire you with or without controlled substances) this is about failing a piss test. This is no different from firing someone for watching Brietbart.

 

[1sickbastard]

Hm, but it's not exactly a good precedent to allow people to be fired for using a medicinal drug. Does this mean that your Scientologist boss could fire you for taking psychiatric medicine? Recreational marijuana use, I understand, but if it's actually medicinal, it gets a bit murkier. I guess we just need to work federally...

Actually, depending on the particulars of one's work contract, yes.
One's job is NOT a Constitutionally guaranteed right, and in most states, employment is 'at will', which means either employee or employer may terminate employment for any reason. However, employers who terminate without 'just cause' have to pay unemployment.

It may not be 'fair', but it is legal. If one want's to use recreational drugs one should find an employer that doesn't drug test or start one's own business.

 

[hobbit.]

The use of illegal narcotics is quite simply, wrong.

In China they have a highly successful programe to prevent dependency on, and the use of, illegal narcotics, it should be taken up world wide.

 

[miles]

. Does this mean that your Scientologist boss could fire you for taking psychiatric medicine? /QUOTE]

Yep.

It's called employment at will.

 

[BotanyBoy]

Drinking is legal but drinking on the job will get most people fired as well.

But drinking doesn't threaten big pharma, textile, petroleum and big tobacco either.....which means it's not federally illegal.

If one want's to use recreational drugs one should find an employer that doesn't drug test or start one's own business.

^^this.

 

[BotanyBoy]

Hm, but it's not exactly a good precedent to allow people to be fired for using a medicinal drug. Does this mean that your Scientologist boss could fire you for taking psychiatric medicine? Recreational marijuana use, I understand, but if it's actually medicinal, it gets a bit murkier. I guess we just need to work federally...

Why is recreational worse than medical??? More deserving of being terminated??

Oh it's only ok if an authority approves it...go nanny state!! god forbid someone wipe their own fucking ass

Cannabis, 0 medically recorded deaths.....EVER. There is no reason it should take an MD to approve it, no shit your coffee is more dangerous to your health.

OTC meds 450/year dead...

Prescription drugs? Those kill thousands a year....BUT IT'S OK B/C

Got their cut...and that's all that matters.

There is no rational/empirical reasoning behind cannabis prohibition....there is only corporate greed keeping it there.

 

[SgtSpiderMan]

Actually, depending on the particulars of one's work contract, yes.
One's job is NOT a Constitutionally guaranteed right, and in most states, employment is 'at will', which means either employee or employer may terminate employment for any reason. However, employers who terminate without 'just cause' have to pay unemployment.

It may not be 'fair', but it is legal. If one want's to use recreational drugs one should find an employer that doesn't drug test or start one's own business.

I'm honestly not sure about that. In reading the article the judges mention, "is it legal?". I'm guessing that if something was legal at the state & federal level these 2 judges might not have ruled the same way.

 

[Squibbs]

http://www.youtube.com/watch?v=5w0K0Ve0ZvM

 

[unregistered]

 

[1sickbastard]

I'm honestly not sure about that. In reading the article the judges mention, "is it legal?". I'm guessing that if something was legal at the state & federal level these 2 judges might not have ruled the same way.

As a matter of law, no.
One has a Constitutionally protected right to Free Speech, however, if one speaks to a customer in such a way that it offends the customer, and employer can terminate one's employment.
Nor does one have any legal expectation of privacy in a workplace.

The fact is, the courts have, historically, and will likely continue to rule in favor of business over supposed individual liberties.

 

[BotanyBoy]

http://www.youtube.com/watch?v=ww5GXbk58R0

 

[warrior queen]

My guess is the reason you can be fired for using medicinal marijuana is that no test can show whether or not you are still under the effect of the drug. Testing doesn't show when the drug was last used.

 

[LiFeNdEaTh]

i am my own boss.. so yeah, i could never be fired.

 

[Worm]

Some companies will fire you for tobacco use in your own home so I don't see how weed is any different.

 

[bra_man69]

. Does this mean that your Scientologist boss could fire you for taking psychiatric medicine? /QUOTE]

Yep.

It's called employment at will.

13 years and yet you still can't quote