Some medical and recreational marijuana users are discovering that the new changes in the laws governing marijuana use isn't quite what they were expecting. Although it is now legal in the state of Colorado to use marijuana recreationally as well as for medical prescriptions, there is one basic right that is still eluding usersâEUR¦the right not to lose their jobs.
In a court ruling last week judges decided that local employers within the state of Colorado can still fire employees who test positive. Never mind that the employee didn't use marijuana on the jobâEUR¦that doesn't appear to matter. According to the newly tested court issue,is an employee used while off work, they are still not protected under the new laws.This is an issue that has been arising throughout the nation in states where either recreational or medical use of marijuana has been approved.
The way marijuana users see it, now that it is "legal" to grow and use the substance within the state, being fired for it should be a no-brainer however, the Colorado Court of Appeals has found that there is no employment protection for medical marijuana users within the law. According to the CCA actively using cannabis has to be permitted by both state and federal laws, which, at this point it is not. By making the 2-1 ruling official, the ruling is in line with other decisions in similar cases. Most of the states where the laws on marijuana use have changed the laws reflect changes on in the medical marijuana aspect, but in states such as Colorado and Washington the lawsinclude both recreational and medical marijuana use. It is because of this large change that both Washington and Colorado have become a proving ground of sorts for testing the new laws.
The differing laws across the nation where there is a conflict due to laws that are federal as opposed to state, are seeing more and more testing in court. Last weeks' ruling states that employees who use pot in Colorado do so at their own risk in terms of their job security. This is especially disturbing when one considers all of the changes in internet rules being tested as well. If lawmakers get their way, your employer will be checking your social media as well so there goes any chance of ensuring that our recreational or medical use of cannabis doesn't get you canned; in Colorado you are fair game.
There are some states that have already addressed the issue of being fired for use such as Arizona. In this southwestern state,employees cannot be terminated for lawfully using medical marijuana. The story at the heart of the Colorado case is Brandon Coats, 33, a telephone operator for Dish Network LLC. Coats was paralyzed in a car crash as a teenager and, due to pain, he has been using medical marijuana since 2009. In 2010 Coats was terminated for failing a company drug test. Despite reports from supervisors that Coats had never been stoned while at work; the company still fired him and thus began his trek for justice. In the Coats case the judge agreed with Dish Network that medical marijuana use wasn't a "lawful activity"; this all despite the law changes. Although the CCA did state that the current laws could be changed; they declined the opportunity to do so within the Coats' case. Sadly, this court decision mirrors one in Washington State as well where it's Supreme Court found that workers can be fired for using marijuana, even if authorized by the state's medical marijuana law.
Article Source: [http://marijuanaseedsblog.fancyweed.com/you-can-get-fired-for-using-marijuana-medical-or-not/]
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