['Drug and Alcohol Testing']
['Drug Free Workplace', 'Marijuana', 'Drug and Alcohol Testing']
05/17/2022
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Coats v. Dish Network, Colorado Supreme Court, No. 13SC394, Decided June 15, 2015
Decision: The supreme court held that under the plain language of section 24-34-402.5, 13 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 by the statute.
Background: Brandon Coats was a quadriplegic and had been confined to a wheelchair since he was a teenager. In 2009 he registered for and obtained a state-issued license to use medical marijuana to treat painful muscle spasms caused by his quadriplegia. He consumed medical marijuana at home, after work, and in accordance with his license and Colorado state law.
Between 2007 and 2010, Coats worked for Dish Network as a telephone customer service representative. In May 2010, he tested positive for tetrahydrocannabinol (THC), a component of medical marijuana, during a random drug test. Coats informed Dish that he was a registered medical marijuana patient and planned to continue to use medical marijuana. On June 7, 2010, Dish fired Coats for violating the company's drug policy.
Coats filed a wrongful termination claim against Dish under the state's lawful activities statute, which generally prohibits employers from discharging an employee based on engagement in "lawful activities" off the premises of the employer during nonworking hours. Coats contended that Dish violated the statute by terminating him based on his outside-of-work marijuana use, which he argued was "lawful" under the state's Medical Marijuana Amendment.
A trial court dismissed Coat's claim. In a split decision, the Court of Appeals affirmed based on the prohibition of marijuana under the federal Controlled Substances Act. Marijuana is listed in the federal Controlled Substances Act as a Schedule I drug, with no accepted medical use and a high risk of abuse.
Coats contended that the term "lawful" should be limited to activities lawful under state law. The Colorado Supreme Court disagreed.
The court determined that the term "lawful" means lawful under both state and federal law. It noted that marijuana is illegal under federal law and there is no exception for marijuana use for medical purposes, or for marijuana use conducted in accordance with state law.
Because Coat's marijuana use was unlawful under federal law, it did not fall within the protections of the state's lawful activities statute.
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