Colorado: Supreme Court Affirms Employees Can Be Fired For Off-The-Job Marijuana Use

DENVER, CO — Members of the Colorado Supreme Court have unanimously affirmed lower courts’ rulings that employers possess the authority to fire employees for their off-the-job use of marijuana.

The Court found that the plant’s legal status under state law does not make the act of consuming cannabis “lawful” under the state’s Lawful Off-Duty Activities Statute.

The Justices opined:

“The supreme court holds that under the plain language of section 24-34-402.5, C.R.S. (2014), Colorado’s ‘lawful activities statute,’ the term ‘lawful’ refers only to those activities that are lawful under both state and federal law. Therefore, 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…