FIRED FOR USING MEDICAL MARIJUANA OFF THE JOB

The Supreme Courts of California, Montana and Washington state have upheld the firings of medical marijuana users who used pot only off the job when their employer had a drug-free policy

Brandon Coats, a quadriplegic medical marijuana patient, was fired by the Dish Network after failing a drug test in 2010. His case is now before the Colorado Supreme Court because a trial court judge and Colorado's appeals court upheld his firing, saying pot can't be considered lawful if it is outlawed at the federal level.

On Tuesday, Coats argued that he should not have been fired because a state law protects employees from being fired for legal activities off the clock. But Dish Network countered with the argument that medical marijuana isn't covered by the state law because it continues to be illegal under federal law.

Both sides referred to the fact that THC can remain in the body’s system for weeks, Coats claiming that’s why he tested positive, and Dish claiming that it shows he could have been under the influence of pot at the time of the test.

Dish attorney Meghan Martinez told the justices, "This case need not be an endorsement or an indictment of medical marijuana" but a chance to set standards for employee conduct. It's a zero-tolerance policy. It doesn't matter if he was impaired or not."

According to the Associated Press, Colorado's constitution specifically says that employers don't have to amend their policies to accommodate employees' marijuana use. But Arizona law says workers can't be punished for lawfully using medical marijuana unless it would jeopardize an employer's federal contract.

This case has implications all across the country because the Colorado case involves medical marijuana and the court's decision could also affect how companies with zero-drug tolerance policies treat employees who use recreational pot.

The Supreme Courts of California, Montana and Washington state have upheld the firings of medical marijuana users who used pot only off the job when their employer had a drug-free policy. A New Mexico physician assistant has filed a lawsuit because she was fired for using medical marijuana which she claims helps her to cope with post-traumatic stress disorder.

Instead of medical marijuana, that physician assistant should turn to Jack Daniels or Jim Beam because they could help her cope with PTSD just as much, if not more than pot. Then, as long as she remained sober on the job, she wouldn't have to worry about getting fired.