In a much anticipated decision, the Colorado Supreme Court reaffirmed an employer’s right to enforce its drug policy even against a medical marijuana user. Because the court’s decision on Coats v. Dish Network, LLC is rooted in federal law, it is likely to have national implications.

In 2000, Colorado voters passed Amendment 20, which permitted medical marijuana within limits. The plaintiff in the Coats v. Dish Network, LLC case, Brandon Coats, tested positive for marijuana in a random drug test and was discharged. He contended that his use was solely after hours at home, within Amendment 20’s limits. There was no evidence suggesting impairment at work. Colorado has long had a Lawful Off-Duty Conduct statute, CRS 24-34-402.5, which prohibits discharging workers (with some exceptions not at-issue here) for “lawful activities” they undertake off-duty. Coats argued that his use of marijuana was permitted by Colorado’s medical marijuana laws and therefore a “lawful activity” for which he could not be discharged under the Lawful Off-Duty Conduct statute.