Coats v. Dish Network (covered by the CLR) raises two issues that have generated a great amount of interest by the public:
Whether the Lawful Activities Statute, Section 24-34-402.5, C.R.S., protects employees from discretionary discharge for lawful use of medical marijuana outside the job where use does not affect job performance.
Whether the Medical Marijuana Amendment makes the use of medical marijuana ‘lawful’ and confers a right to use medical marijuana to persons lawfully registered with the state.
The Lawful Activities Statute protects employees from termination for off-the-job activities. Plaintiff, a quadriplegic, is licensed to use medical marijuana. Defendant fired plaintiff after he tested positive for marijuana, which was a violation of its drug policy. The court of appeals, applying the ordinary meaning of “lawful activity” as used in section 24-34-402.5, held plaintiff’s medical marijuana use, unlawful under federal law, was not “lawful.”
Because demand for seats in the courtroom outweighs availability, the Court will live stream the arguments on the Internet and the Court will live stream the argument in the first floor Court of Appeals courtroom.Tuesday, Sept. 30, 2014, 9 to 10 a.m.
Live video streaming can be accessed through: http://broadcast.coloradorcjc.gov/