The Colorado Supreme Court ruled on June 15, 2015 that Brandon Coats, a quadriplegic medical marijuana patient from Colorado who had been fired by Dish Network in 2010 for using the drug while at home and off-duty, was not protected under the state's "lawful activities statute." According to the Court, “Colorado’s ‘lawful activities statute,’ the term ‘lawful’ refers only to 14 those activities that are lawful under both state and federal law. Therefore, employees 15 who engage in an activity such as medical marijuana use that is permitted by state law 16 but unlawful under federal law are not protected by the statute.” This reasoning seems pretty solid, though if we unpack use and consult with the company’s own rationale, the case is considerably messier. In fact, the problem may reside with the American federal system itself, in which case an erroneous judicial decision could be expected.
The complete essay is at “Dish Network and the U.S. Government.”