While medical and recreational marijuana use may be legal in Colorado, employers in the state can lawfully fire workers who test positive for the drug, even if smoked while off duty, according to a court ruling on Thursday, as reported by the Associated Press.
The Colorado Court of Appeals found there is no employment protection for medical marijuana users.
"For an activity to be lawful in Colorado, it must be permitted by, and not contrary to both state and federal law," the appeals court stated in its conclusion.
The Marijuana Policy Project said the ruling appears limited to state law since it does not fall under the federal Americans with Disabilities Act., news reports said.
Marijuana advocates argue that the courts are discriminatory toward them because Colorado's Lawful Off-Duty Activities law protects workers from being fired for legal behavior when they off hours. They cite cigarette smoking as a protected activity. They also said smoking off the job was a gray area and warned people to be familiar with their employers' drug policies.
The Washington State Supreme Court also has found that workers could be fired marijuana use, even for medicinal purposes. even if it is authorized by the state's medical marijuana laws, reports said.
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