Colorado workers who use medical marijuana and engage in other activities permitted by state law but not federal law are not protected by the state’s “lawful activities statute,” the Colorado Supreme Court ruled. In Brandon Coats v. Dish Network L.L.C., Coats, a former telephone customer service representative for Dish Network, argued that he was wrongfully fired for using medical marijuana. Coats has a state-issued license to use medical marijuana to treat painful muscle spasms. Dish Network fired him after he tested positive for marijuana in violation of company policy. Coats said Dish Network violated his rights under Colorado’s lawful activities statute. But in a 2-1 decision, the Colorado Court of Appeals ruled that for an activity to be considered “lawful” in the state, it must be permitted by both state and federal law.
Federal Law Trumps Colorado Medical Marijuana Protections
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