This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
• In Colorado, Amendment 64 Legalized Recreational Marijuana-- – Marijuana to be obtained as easily as alcohol.– Allows individuals 21 or over to cultivate, use and
possess limited amounts of marijuana, without having to be certified as having a serious illness or debilitating health condition.
Marijuana is Still Illegal Under Federal Law or Is It?
• “We’ve got bigger fish to fry,” President Obama in response to a question concerning prosecution of marijuana users by Barbara Walters on ABC’s “Good Morning America” on December 14, 2012.
Marijuana is Still Illegal Under Federal Law or Is It?
• On August 29, 2013, The U.S. Department of Justice issued a memorandum to all U.S. Attorneys updating its Guidance on marijuana enforcement.– The DOJ is deferring its right to challenge
• Representatives Dianna DeGette (D) and Mike Coffman (R), have introduced the “Respect States’ and Citizens’ Rights Act,” in Congress.– The bill is designed to exempt states from the
federal Controlled Substances Act provision on marijuana—this bill is still pending.
• Applies to any organization that receives a Federal contract of at least $100,000 to establish a drug-free workplace.– It also requires that all organizations receiving
Federal grants of any size establish and maintain such a policy.
– Does not require employers to drug test employees.
• Beware, some state anti-discrimination laws do not address marijuana use as an accommodation.– Plaintiff’s counsel could argue in states that have
legalized medical marijuana, that under state anti-discrimination laws, an employee’s use of marijuana to ameliorate the effects of a disability constitutes a reasonable accommodation.
• In Colorado both Amendment 20 (medical marijuana) and Amendment 64 (recreational marijuana) provide that employers do not have to accommodate employees use of marijuana.
• Employers may restrict the use of marijuana by employees; but can employers prohibit, the lawful off-duty and off-premises use.– Does having a trace amount of THC in your body
constitute use or possession at work?– When is an employee “impaired” or “under the
influence” by THC?– Combating employees’ perceptions concerning
their “constitutional right” to use marijuana v. reality.
• Colorado’s Lawful Off-Duty Activities Statute, C.R.S. §24-34-402.5, makes it a discriminatory or unfair employment practice to terminate an employee who is engaged in lawful off-duty, off-premises activities.
• Coats v. Dish Network, the Colorado Court of Appeals held that medical marijuana use is not lawful for purposes of Colorado’s Law Off-Duty Activities Statute.
How Should I Address Marijuana Use in My Employment Policies?
• Review your substance abuse policy to ensure its restrictions concerning marijuana use are consistent with the restrictions contained your respective jurisdiction. – E.g., “Acme Company does not permit the
possession, distribution or use of illegal substances (including medical and recreational marijuana).”
How Should I Address Marijuana Use in My Employment Policies?
• The ADA does not require employers to accommodate the use of marijuana to mitigate the effects of a disability. – However, some state anti-discrimination statutes
may require accommodation of medical marijuana use.
• Educate your employees and guests about your marijuana possession and use policies.