Tag Archives: Marijuana

Brandon Coats v. Dish Network LLC, 2015CO44 (June 15, 2015)

“The federal government shouldn’t be swooping into Colorado to decide how we regulate marijuana any more than it should be swooping in to Louisiana to tell them how they should regulate fried crawfish.” – Rep. Jared Polis. Coats is a quadriplegic confined to a wheelchair. He got a medical marijuana license to treat painful muscle spasms caused by his quadriplegia. Coats consumes medical marijuana at home in accordance with Colorado law. After testing positive for THC, Defendant fired him under a zero tolerance drug policy. Coats sued because generally, an employer cannot fire “any employee due to that employee’s engaging in any lawful activity off the premises of the employer during nonworking hours.” CRS 24-34-402.5(1). The Court upheld both lower court decisions finding that “lawful” is not limited to state law. Because pot is illegal under Federal law, its use is not “lawful.”

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2013/13SC394.pdf

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Marc Giuliani, Footprints Health and Wellness, Inc., et. al., v. Jefferson County Board of County Commissioners, 2012COA190 (November 1, 2012)

A medical marijuana dispensary/center is not a medical office or clinic, retail sales or services establishment, drug store, medical supply distributor or seller of medical equipment and services. Here, the court upheld a zoning violation notice to a dispensary located in a retail shopping center zoned for only the above purposes. Specifically, the court found that: 1) neither Amendment 20 nor the regulatory statutes barred the zoning restriction, 2) Jefferson County was immune to equitable estoppel claims, and 3) the record supported the zoning violation citation. It also found that a ban on all medical marijuana centers in unincorporated areas, issued after the center opened, mooted certain claims because zoning compliance would be impossible. The remaining constitutional challenges were not preserved for appeal and the dispensary’s challenge was dismissed in full.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1919-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8724&courtid=1

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Filed under Administrative, Appellate Review Challenged, Constitutional, Government