Siding with AGC of America, the AGC of Colorado and the Colorado Contractor’s Association, the Colorado Supreme Court has unanimously held that a state law insulating Colorado residents from prosecution for making medical use of marijuana does not require the state’s employers to tolerate the same or apparently any other use of the drug. The decision extends well beyond employees who use marijuana on the job, or show up under the influence of it. In fact, the case involved an employee who used marijuana only at home and during non-working hours.
Strictly speaking, the case is limited to the medical use of marijuana but its logic would extend to any recreational use that the state has similarly sought to decriminalize. How the case will affect other states, and how they interpret and apply any similar laws that they have adopted, is much harder to predict. In the absence of much or any other case law on the other state laws that seek to legalize marijuana, the case could influence thinking outside Colorado.
Additional information can be found here.
For more information, please contact Denise Gold at goldd@agc.org or Tamika Carter at cartert@agc.org. Return to Top