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Coats v. Dish Network: Can you get fired from your job for being a patient?
Colorado has pioneered cannabis legalization and now there is
a case sitting in front of the Colorado Supreme Court that could create a new
legal preceden
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Colorado has pioneered cannabis legalization and now there is a case sitting in front of the Colorado Supreme Court that could create a new legal precedent. On Tuesday September 30, the Colorado Supreme Court heard the case of Coats v. Dish Network. The case concerns the termination of quadriplegic medical cannabis patient Brandon Coats from his job at Dish Network. Mr. Coats was fired after he failed a cheek swab test that tested positive for THC from having medicated off the clock.
Brandon Coats is a registered medical cannabis patient in the state of Colorado. He uses medicinal cannabis to control spasms and seizures. He says that he was never impaired on the job and that he was fired for having inactive THC in his system. The big debate here is that since medical cannabis is legal in the state of Colorado, is it a “lawful” activity for which employers can’t terminate employees for? Colorado currently has laws in place that stop employers from firing employees who participate in a lawful activity off the clock, no matter the employer’s opinion of the activity. However, the question is whether smoking medical cannabis, which is legal in the state, is “lawful” considering that it is not federally legal.
Two lower courts have already heard the case and ruled in favor of Dish Network. Now that the case is in front of the Colorado Supreme Court, they will have to decide if being legal in Colorado makes cannabis use a “lawful” activity, despite its federally illegal status. The definition of that one word will determine whether employers can fire both medical patients and recreational cannabis users now that both are legal in the state. This decision could open a floodgate of other legal cases for employees who have been fired, and it will set the standard that cannabis consumption is ultimately unlawful even if legal.
For this case, six of the seven Colorado Supreme Court Justices will make the final decision. Justice Monica Márquez recused herself as her father sat on the Court of Appeals that already ruled in favor of Dish Network. The six remaining judges have already taken several weeks to consider the case and there is no verdict as of this writing. If the six Justices decision is ultimately a tie, the lower court’s ruling will be upheld.
