Colorado Court Rules That Employers Can Fire Pot Smoking Employees
The road to legalize pot smoking may have hit a road block. Colorado High Court Rules That State Employees Can Be Fired For Smoking Medical Pot The ruling came as a surprise to pot supporters who had successfully advocated for a lifting of the regulatory and criminalization of pot in a number of states, including Colorado. The court ruled that it was still the State’s right to determine what is acceptable as well as unacceptable behavior with regards to the performance of state employees. Just as drinking, abusing drugs or even smoking can result in the discipline or even termination of an employee, the court ruled that the smoking of pot could also be a factor which could result in the punishment of an employee. The ruling had no basis to the legalization of pot but simply reviewed pot smoking as one act which could be determined by the State to be an offense justified for termination.
From what Christian Broda (linkedin.com) understands, proponents of pot have not stated whether they will seek an appeal. Leal observers state that an appeal would be difficult as the court’s ruling was based on State law and a federal issue would need to be present for a higher appeal to a federal court. The ruling also does not have an impact on the the current status of laws in Colorado which have legalize pot and the selling of the drug for both recreational as well as medical purposes.