Twenty-three states now permit medical or recreational marijuana use, yet the overwhelming number of public and private employers continues to prohibit employees from using the drug. As the number of states allowing private marijuana use grows, businesses are having growing concerns about their rights to enforce workplace drug policies and otherwise operate their businesses in a drug-free environment. A case will soon be heard that will likely examine these competing interests directly.
The ABA Journal and New York Times report that in Colorado, where the drug is now legal for recreational use, an employee fired for using marijuana off-duty has appealed his termination to that state’s highest court. The Colorado Supreme Court will hear oral arguments on September 30, 2014 in a suit filed by a fired customer service representative who uses medical marijuana to control painful spasms he has suffered since he was paralyzed in a car crash.