can you be fired for using med. cannabis?

[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 ! :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!