can you be fired for using med. cannabis?

**justinsane33** · 12-03-2009, 11:37 PM

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?

justinsane33 Reviewed by justinsane33 on 12-03-2009. can you be fired for using med. cannabis? 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? Rating: 5

**Weekend** · 12-03-2009, 11:50 PM

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** · 12-04-2009, 01:13 AM

:thumbsup:

Originally Posted by 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?

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** · 12-04-2009, 01:43 AM

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** · 12-04-2009, 01:47 AM

Originally Posted by 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 ...

Amen brother.

**justinsane33** · 12-04-2009, 04:16 AM

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

**HighPopalorum** · 12-04-2009, 04:45 AM

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.

Originally Posted by justinsane33

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

Maybe you should... all the time?

**stuweed224** · 01-15-2010, 03:07 AM

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** · 01-15-2010, 04:39 AM

Originally Posted by 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.

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?