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July 10, 2020

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July 09, 2020

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Colorado Supreme Court to Review “Lawful” Use of Medical Marijuana

The Colorado Supreme Court agreed on January 27, 2014 to review a case holding that an employer did not violate the state’s “legal activities” law when it dismissed an employee who used “medical marijuana” while off duty.  Coats v. Dish Network, No. 13SC394 (CO. Jan. 27, 2014).  For a detailed discussion of the facts of the case and the appellate court’s decision, see the article on our website, Colorado Court Rules Use of ‘Medical Marijuana’ Not ‘Lawful’ under State’s ‘Legal Activities’ Law. 

The Colorado Supreme Court will review two issues in the case:  (1) whether the state’s Lawful Activities law protects employees from discretionary discharge for lawful use of medical marijuana outside the job where the use does not affect job performance; and, (2) whether the state’s Medical Marijuana law makes the use of medical marijuana “lawful” and confers a right to use medical marijuana to persons lawfully registered within the state.

Jackson Lewis P.C. © 2020National Law Review, Volume IV, Number 30

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About this Author

Kathryn J. Russo Disability Lawsuits Attorney Jackson Lewis Law firm Alcohol Testing Lawyer
Principal

Kathryn J. Russo is a Principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws.

Ms. Russo assists clients with workplace problems involving drugs and alcohol, and gives advice about compliance with all pertinent drug and alcohol testing laws. She prepares substance abuse policies to comply with all federal drug and alcohol testing regulations (including all agencies of the U.S....

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