can you be fired for using med. cannabis?

[justinsane33]

i went with my wife to one of those mass signups where you pay a fee and tell them whatever you want and get a card. the doctor was asked how businesses are dealing with employees who use cannabis and he said that since it was written into the state constitution that you couldn't be fired or passed on a job because you smoke. he said it was the same as being fired for being gay or black and that any lawyer would jump at the chance to represent your case. anyone had any experience with this?

[Weekend]

this is a brain tingler......I would say the employer would have a good chance winning in court....if they did lose they could appeal to a federal court & voila they win the case......im not even sure if thats possible as im not a lawyer but it is illegal federally...I dont see how you would have a chance in court.

now if your high at work then yea they have a right to fire you.......I wouldnt want anyone working for me high or drunk..........If you get hurt your going to have to take a drug test to get workmans comp, which im guessing doesnt care if your a med patient.

food for thought

[senorx12562]

:thumbsup:
i went with my wife to one of those mass signups where you pay a fee and tell them whatever you want and get a card. the doctor was asked how businesses are dealing with employees who use cannabis and he said that since it was written into the state constitution that you couldn't be fired or passed on a job because you smoke. he said it was the same as being fired for being gay or black and that any lawyer would jump at the chance to represent your case. anyone had any experience with this?
In fact, amendment 20 says nothing about "...you couldn't be fired or passed on a job because you smoke." The only mention of employers is " Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place." Although this probably refers to actual use in the workplace (or maybe not), I think it evokes a legislative intent to protect employers from unintended consequences of legalizing medical use. My best guess is that the law on employee use of marijuana hasn't changed. One thing is for certain, getting fired for using medical marijuana is NOTHING like getting fired for being gay or black.
Keep in mind that the govt., whether courts or legislature or CDPHE, despite their protestations to the contrary, are very hostile to the whole idea of marijuana use being legal in any context, and are likely to stay that way for a while. Thats why I don't take legal advice from doctors or have my mechanic remove my appendix.

[the image reaper]

one fact to consider, if your employer has to fire you, the issue is quite likely 'out of his hands' :wtf: ... even if the boss is your 'old smoking buddy', and wants you to stay, he either does as he's told, or gets beaten down with higher insurance premiums ... the liability insurance companies have a deathgrip on employers' cojones, these days ... :(

[senorx12562]

one fact to consider, if your employer has to fire you, the issue is quite likely 'out of his hands' :wtf: ... even if the boss is your 'old smoking buddy', and wants you to stay, he either does as he's told, or gets beaten down with higher insurance premiums ... the liability insurance companies have a deathgrip on employers' cojones, these days ... :(
Amen brother.

[justinsane33]

good thing i don't need to work i guess. i'm not gonna fire myself for being high all the time.

[HighPopalorum]

Yes, you can be fired for using marijuana. Employers can also screen before hiring. Legal MMJ makes no difference. If you are disabled (like some patients I know) then you might have a case under the ADA. Otherwise no.


i'm not gonna fire myself for being high all the time.

Maybe you should... all the time?

[stuweed224]

What other activities do folks do while "medicated"? Softball, chess, tennis, swimming, boating, bike riding, etc etc.

Does it stand to reason if you take ibuprofen or any other med on the job you are somehow less competent or unsafe?

This is a huge area to set a precident;to me it seems a discrimination under
a disabilites rule. If I lived in a med state I'd push it to the Federal level and make them prove the harm they claim. The courts need to be forced into action.

Pilots die almost daily making common sense errors like flying into bad weather and running out of fuel. Post mortems show no traces of drugs we call it pilot error and thats it. Hopefully we learn from the mistake but we don't pretend something that did not happen has happened.

The demonization needs to stop at ALL LEVELS. Period.

[senorx12562]

What other activities do folks do while "medicated"? Softball, chess, tennis, swimming, boating, bike riding, etc etc.

Does it stand to reason if you take ibuprofen or any other med on the job you are somehow less competent or unsafe?

This is a huge area to set a precident;to me it seems a discrimination under
a disabilites rule. If I lived in a med state I'd push it to the Federal level and make them prove the harm they claim. The courts need to be forced into action.

Pilots die almost daily making common sense errors like flying into bad weather and running out of fuel. Post mortems show no traces of drugs we call it pilot error and thats it. Hopefully we learn from the mistake but we don't pretend something that did not happen has happened.

The demonization needs to stop at ALL LEVELS. Period.
Are you seriously contending that employers should be required to allow an employee who is under the influence of a psychoactive substance to work in that condition? Really?

[davo420]

can you be fired for using med. cannabis?

Yes

[Vinceborg2050]

Colorado does have a statute that states that employers may not discriminate for purposes of hiring or firing based on legal off duty behavior. I am eagerly awaiting this challenge to come up in court. Typically what will happen is people will do something that is unsavory for their employer, yet legal, and the employer fires someone or threatens to fire them, and then the person can be legally granted back pay or be forced by the courts to be rehired.

[funkfingers]

You can be fired in colorado at anytime for any reason..

[jamessr]

Go too the legal section, I posted the cases dealing with this very issue. It is against federal law so business can use federal laws to screw medical patients because the MMJ laws are recommendations ONLY, not prescriptions.

The case is under Wa. State. I realize someone whom has no idea is going to spout off that it's a Wa. case. Don't be so ignorant please as too do that to yourself or the person whom posed the question here. Research it first please..

[jamessr]

[quote=HighPopalorum]Yes, you can be fired for using marijuana. Employers can also screen before hiring. Legal MMJ makes no difference. If you are disabled (like some patients I know) then you might have a case under the ADA. Otherwise no.

This exact ADA claim is covered in Wa. State. IT'S A NO GO EVER UNDER THE ADA FOR MMJ USE. So says the federal courts in our jurisdiction.

[jamessr]

You can be fired in colorado at anytime for any reason..

This is called an at will state of employment. They don't need a reason at all to fire ya. EVER. If ya think ya was wronged, ya must prove it in court. Tough nut to crack in an at will state.

Unless ya can prove retaliation, then ya got a great case. I won a $100k case in Oregon in 1995 for this exact issue, RETALIATION for making a WC claim....

[colagal]

:thumbsup:
In fact, amendment 20 says nothing about "...you couldn't be fired or passed on a job because you smoke." The only mention of employers is " Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place." Although this probably refers to actual use in the workplace (or maybe not), I think it evokes a legislative intent to protect employers from unintended consequences of legalizing medical use. My best guess is that the law on employee use of marijuana hasn't changed. One thing is for certain, getting fired for using medical marijuana is NOTHING like getting fired for being gay or black.
Keep in mind that the govt., whether courts or legislature or CDPHE, despite their protestations to the contrary, are very hostile to the whole idea of marijuana use being legal in any context, and are likely to stay that way for a while. Thats why I don't take legal advice from doctors or have my mechanic remove my appendix.

I think a more interesting question is, is there recourse for an employee who uses doctor prescribed mm at home (but never on the job), and tests positive on the job during a random drug test (because the metabolites, or whatever, of marijuana stay in the system a long time) and was fired?

[the image reaper]

good thing i don't need to work i guess. i'm not gonna fire myself for being high all the time.

I hear ya, brother ! :D :thumbsup:

[diamante73]

I have a friend/co-worker who's been a grower for some time. I imagine he's making enough money from his grow operation that he no longer worries about being let go from our place of employ. So about a month ago he began to actively investigate via our HR manager. Long story short, my company does do random drug tests, and they will in fact fire anyone who fails; Colorado MMJ card or not.

[kingminus]

I have a friend/co-worker who's been a grower for some time. I imagine he's making enough money from his grow operation that he no longer worries about being let go from our place of employ. So about a month ago he began to actively investigate via our HR manager. Long story short, my company does do random drug tests, and they will in fact fire anyone who fails; Colorado MMJ card or not.

fake piss and $30 mouthwash. I never go to work without it. WORD.

[lampost]

fake piss and $30 mouthwash. I never go to work without it. WORD.

Yep! Fake piss is awesome, Quick Fix specifically. I used to carry this with me everyday at work too! I even got some boxers called stashitware that have a secret pocket right over your package. Its super easy and discrete to just keep it there all the time.
I passed 3 drug tests using QF and one of them was a random. Its a bit of a pain in the ass, but you get used to it, and it allows you to keep smoking when you should quit!