The Colorado Supreme Court’s upcoming decision in Coats v. Dish Network will be important for Colorado medical marijuana patients who risk losing their livelihoods when they fail employer drug tests. That, of course, has implications for the viability of the medical marijuana industry in Colorado. But the ripples of this decision may reach far beyond to other medical marijuana states and to other areas of law including disability law, privacy protection and the overarching issue of whether the federalControlled Substances Act preempts state constitutions.
To Start from the Beginning …
Brandon Coats is a quadriplegic with a state-issued medical marijuana license. He medicates with marijuana at home at night to control spasms in his limbs. He worked full-time at Colorado-based Dish Network as a telephone customer service representative, where he pushed a button to answer customer telephone calls, about the only job he could do because of his physical limitations.
His employment was terminated in 2010 because he failed a random drug screening, even though he had had satisfactory performance reviews for all three years and there were no allegations that he was intoxicated or that he used marijuana at work. The sole reason for his termination was the presence of THC in his body, which violated Dish’s zero tolerance policy.
