Colorado Legalization Clashes With Job Policies

When cannabis became officially legalized in January of last year, most thought this would mean the end to the substance being treated as criminal within Colorado borders. Sadly, this has not necessarily been the case in every situation. For example, those who work for the federal government are still not legally allowed to medicate, as the plant remains federally illegal. Furthermore, even those who work privatized jobs have been falling victim to random drug testing in companies that still count cannabis as an infraction. 

According to a study by the Mountain States Employers Council, 71% of businesses in the state still screen for cannabis, and 21% have actually made their policy against the substance stricter. Many companies are afraid that their image will suffer if they don’t stick to such policies in a legal state, and as a result, careers are still being ruined because of cannabis use. “People were scared they were going to have a stoned work force,” Curtis Graves, a lawyer for MSEC, told The New York Times.

One individual who has fallen victim to this loophole is Brandon Coats,  a paralyzed man in a wheelchair, who worked for Dish Network in Denver up until he failed a recent drug test. Although Coats has many medical problems and explained to his employers that he medicated, he was unceremoniously fired from work— finding out when he showed up the next day and his key card was inactive.

“There are a lot of people out there who need jobs, can do a good job, but in order for them to live their lives, they have to have this,” Coats, told The New York Times. “A person can drink all night long, be totally hung over the next day and go to work and there’s no problem with it.”

As legalization prevails, employers are going to have to get used to the idea that workers may use cannabis to medicate the way other employers use equally legal medication for depression or arthritis pain. As with all other areas in the fight for fair policy, it may take a while, but inevitably compromises will be reached.