drug policy makes it irrelevant that Coats legally used the
drug off the clock. And the Colorado Supreme Court agreed.
"Employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under
federal law are not protected by the (lawful activities statute),"
the Colorado justices concluded.
The state high court found that Colorado’s medical marijuana law permits registered patients to use marijuana free of
the threat of criminal prosecution, but the act does not trump
federal law that still classifies marijuana as an illegal substance.
Therefore, Dish Network was permitted to enforce a valid
drug-free workplace policy.
In response to Dish, Karen Harned, NFIB Small Business
Legal Center executive director, told NPR: “Businesses should
be allowed to have zero-tolerance drug policies. We definitely
sympathized with the original plaintiff, but work drug policies
are there to protect everyone.”
Requiring employers to accommodate patients who use
marijuana would compromise an employer's ability to provide
employees and the public with a safe workplace. Further,
impaired employees miss more work than their drug-free
coworkers and are more likely to make mistakes when they
are at work. Moreover, organizations that are recipients of
federal aid must maintain a drug-free workplace. The penalty
for violating the law is the suspension or termination of a
particular grant and ultimately, debarment for up to five years
from future grants.
Next Steps for Businesses
Employers do not have to accept employees coming to
work under the influence of drugs or alcohol. In fact, employment attorneys and the U.S. Department of Labor advise businesses to adopt a drug-free work place policy for safety reasons.
Businesses should take four steps to help ensure a safe and
drug-free workplace:
1. Understand your state’s marijuana law(s);
2. Adopt and/or update a drug-free workplace poli