SMALL BUT SIGNIFICANT VICTORY FOR POT PROHIBITIONISTS

Colorado Supreme Court rules unanimously that businesses can fire workers for off-the-job marijuana use

In 2010, Brandon Coats, a registered Colorado medical marijuana user, was fired by Dish Network when he tested positive for using pot. Coats, a customer service worker, sued Dish Network with his lawyers arguing a Colorado law prohibiting employees from being fired for “any lawful activity” outside the workplace applied to their client’s use of medical marijuana.

Today, in a unanimous decision, the Colorado Supreme Court upheld two lower court decisions that had ruled against Coats. Here is what Justice Allison H. Eid wrote in the court’s 6-to-0 decision:

“Employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute.”

The ruling is a small but significant victory for us pot prohibitionists. The court seems to be saying that federal law, which prohibits the manufacture, distribution, sale and possession of marijuana, supersedes state law.

Now if the feds would only enforce the law, but fat chance that this will occur under any Democratic administration. Nevertheless, the decision has left the pro pot crowd pissing and moaning.

Meanwhile all is not gold that glitters. Dozens of cities in Colorado and Washington State have banned marijuana dispensaries from within their city limits.