Home | Community | Message Board

Please support our sponsors.

Feedback and Administration >> Growery News Service

Welcome to the Growery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Jump to first unread post. Pages: 1
Mind Pilot

Registered: 02/09/09
Posts: 3,469
Loc: Hawaiian Islands Flag
Last seen: 8 months, 29 days
Federal Law Trumps Colorado’s on Medical Marijuana
    #667727 - 04/26/13 03:49 PM (3 years, 5 months ago)

Denver -- A severely disabled man fired because of his after-hours medical-marijuana use has no legal recourse because the drug remains banned under federal law, a Colorado court ruled Thursday.

A three-judge panel of the Colorado Court of Appeals upheld 2-1 the firing of Brandon Coats, a quadriplegic who has a prescription for the drug in a state that permits medical marijuana, saying he was not protected from dismissal under the Colorado Lawful Off-Duty Activities Statute.

The statute prohibits employers from dismissing employees who engage in legal activity outside of work, but says nothing about those who violate federal but not state law.

“Plaintiff contends that we must read ‘lawful activity’ to include activity that is prohibited by federal law, but not state law,” said Chief Judge Janice Davidson in the divided opinion. “However, while we agree that the general purpose of [the law] is to keep an employer’s proverbial nose out of an employee’s off-site hours business we can find no legislative intent to extend employment protection to those engaged in activities that violate federal law.”

The case illustrates the ongoing tension between federal and state authorities as voters and legislatures move to legalize medical marijuana in violation of the federal Controlled Substances Act.

The conflict is likely to intensify after the passage of ballot measures in November approving recreational marijuana for adults 21 and over in Colorado and Washington.

Brian Vicente, a Denver lawyer and marijuana- decriminalization advocate, called the court’s ruling “disappointing” given the recent moves by Colorado voters to legalize medical and recreational pot.

“I thought it was an inappropriate reliance on federal law — the court used that as an ‘out’ to avoid a ruling based on state law,” Mr. Vicente said.

At the same time, he said, the ruling underscores the need for the state legislature to update the Colorado Lawful Activities Statute, which originally was intended to protect tobacco smokers from being fired.

“We call it ‘the smokers’ rights statute,’ but the court’s take was that Colorado needs to revisit this statute to incorporate medical and now adult recreational use,” Mr. Vicente said.

The Colorado legislature is now considering a package of bills designed to create a regulatory framework for recreational marijuana as required by Amendment 64, which won 55 percent of the vote in November.

Nearly 109,000 Colorado residents hold valid medical-marijuana registry cards. The most common medical condition cited for treatment is “severe pain,” reported by 94 percent of cardholders, followed by “muscle spasms” at 16 percent, according to the state Department of Public Health and Environment.

Mr. Coats worked as a telephone operator for Dish Network until he was fired in 2010 for failing a drug test in violation of the company’s drug policy.

In his lawsuit, Mr. Coats said he never used marijuana at work and was never under the influence of the drug while on duty.

Source: Washington Times (DC)
Author: Valerie Richardson, The Washington Times
Published: April 25, 2013
Copyright: 2013 The Washington Times, LLC
Website: http://www.washtimes.com/
Contact: letters@washingtontimes.com
URL: http://drugsense.org/url/RfLMBmaS

CannabisNews Medical Marijuana Archives


:guns: Don't Mistake My Kindness For Weakness :guns:

Post Extras: Print Post  Remind Me! Notify Moderator
 Arcade Champion: Simon

Registered: 10/08/11
Posts: 17,561
Re: Federal Law Trumps Colorado’s on Medical Marijuana [Re: SpaceMonkey]
    #667971 - 04/28/13 01:39 AM (3 years, 5 months ago)


Post Extras: Print Post  Remind Me! Notify Moderator
Jump to top. Pages: 1

Feedback and Administration >> Growery News Service

Similar ThreadsPosterViewsRepliesLast post
* Colorado Medical Marijuana Bill Poised To Clear Final Legislative Hurdles SpaceMonkey 889 0 05/08/10 03:52 PM
by SpaceMonkey
* Colorado Medical Marijuana Bill Nears the Finish Line May 6 SpaceMonkey 637 0 05/07/10 02:54 PM
by SpaceMonkey
* Medical marijuana law passed in MA, mhbound 974 1 11/07/12 12:31 PM
by mhbound
* State regulators watch medical marijuana more closely starting Friday iStoner 1,846 2 06/26/11 07:30 AM
by DungenessDank
* Medical Marijuana Dispensaries Vow To Stay Open (Denver) SpaceMonkey 1,553 3 05/13/10 09:24 PM
by FurrowedBrow
* Obama Ends Medical Marijuana Raids in 13 States geokillsA 3,210 13 10/27/09 12:52 AM
by Keith22
* Researchers Find Study of Medical Marijuana Discouraged FurrowedBrowM 1,944 4 06/19/11 09:48 AM
by blurt
* Poll: New Yorkers favor legalizing medical marijuana Dr. SiekadellykM 700 0 07/14/10 02:03 PM
by Dr. Siekadellyk

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: geokills
767 topic views. 0 members, 3 guests and 2 web crawlers are browsing this forum.
[ Toggle Favorite | Print Topic | Stats ]
Search this thread:
Please support our sponsors.

Copyright 1997-2016 Mind Media. Some rights reserved.

Generated in 0.024 seconds spending 0.001 seconds on 14 queries.