The legal status of cannabis in America has been one of the most talked about issues in the last century. Moreover, the 21st century has seen cannabis become decriminalized in nearly half the states. However, even in states such as Colorado, where marijuana is legal for both medical and recreational use, certain restrictions apply—especially when it comes to employment and workers’ compensation.
Not all local jurisdictions have agreed with the state law and the courts have not protected the rights of pot smokers in job scenarios that involve drug testing. Here are details to keep in mind about how cannabis use can affect both employment and a workers’ compensation claim.
Work-Related Injuries
If you suffer from a work related injury while under the influence of cannabis in a state that has legalized the drug, it’s up to the employer how to treat the matter if coverage should be allowed. At the same time, federal law still prohibits possession of cannabis, which supersedes state law.
Additionally, insurance companies have so far kept a distance from the marijuana issue. Since most employers do not allow on the job drug use, it can be very difficult for an employee to receive workers’ comp benefits if a drug test reveals they have ingested cannabis or any other intoxicant.
While most workers with health issues are protected from employer discrimination by the Americans with Disabilities Act, this law does not apply to cannabis users. This is even true if they have a medical marijuana card in a state that allows cannabis use. Insurance agencies have the right to reject workers’ comp claims if the employee tests positive for cannabis use.
Employers Decide
Essentially, employers have the right to suspend or terminate any employee that fails a drug test. They may also prohibit employees, regardless of whether or not they are approved for medical marijuana treatment by a physician, from using drugs on the job. Since marijuana’s psycho active ingredient, THC, can stay in the bloodstream as much as 40 days, the worker is taking a risk by using the drug, especially if an injury occurs on the job.
Even in an open minded state such as Colorado, there is a workers’ comp statute that allows an employer to withhold half of an employee’s wages and benefits if the injury is a result of cannabis impairment.
Getting Fired for Cannabis Use
Colorado, however, does have a provision in its Civil Rights Code that prohibits an employer from firing an employee who has broken the law outside the workplace during nonworking hours. However, this statute does not apply in cases when a company sets a zero-tolerance drug policy.
The Colorado State Supreme Court set a national precedent in June 2015 ruling that quadriplegic worker Brandon Coats, who was fired by DISH Network in 2010 after failing a drug test, was not entitled to his job back. Ironically, DISH Network agreed that Coats, who used cannabis for medicinal purposes, was not intoxicated but emphasized its company policy forbidding drug use.
Laws are Still Evolving
Despite restrictions on cannabis use in the workplace, decriminalization continues to be the trend in the new century, as enforcement of cannabis laws are evolving, even on a federal level. President Obama in 2012, for example, told ABC News in an interview that recreational pot users in states that have legalized cannabis should not be prioritized as targets for prosecution in the war on drugs.
Then in 2014 Congress decided that federal agents can no longer raid cannabis retail outlets in states where it is legal. In the meantime, cannabis users must exercise caution to protect their jobs.