Termination of employment for marijuana use in Colorado
In an article in the Denver Post of December 15, 2015, entitled “HR managers tightening drug policies since legalization of pot”, it is pointed out that a number of employers are reconsidering their substance abuse policy. Many employers have policies in place that prohibit drug use or being under the influence of alcohol, either during work or while on the employer’s premises. In Colorado, where recreational use of marijuana is legal, it was thought that the employer had no right to control the non-work activities of its employees, as long as the employee was not impaired due to alcohol or drug use while at work. That was based on a Colorado Statute, C.R.S. 24-34-402.5, which provides that it shall be a discriminatory practice to terminate an employee for lawful activities off the premises of the employer, unless the activity is related to the employment activities and responisbilities of the employee.
