Medical marijuana: Patient fired for failing DISH drug test finds possible loophole
|Brandon Coats, who was also fired by DISH after failing a drug test.|
This edict, issued in late March, has potential repercussions not for state law, but for companies doing business in Colorado -- the implication being that legal medical marijuana patients fired for failing a drug test might have to be given their jobs back if the firm in question didn't specifically address MMJ in its employee guidelines.
Thus far, the ICAO hasn't responded to the Court of Appeals' demand, and no date has been set for it to do so. Meyers isn't surprised. In his words, "Colorado courts are loath to allow a precedent-setting decision favoring a pro se litigant, especially a decision that could impact hundreds of Colorado companies. So by letting me win without the benefit of the Court of Appeals issuing findings of fact and conclusions of law, they have effectively stonewalled the issue, barring the case from being published and disallowing other aggrieved employees from a legal remedy.
"This is a decision based upon the politics of capitalism and not the law of the land."
By speaking out about the situation, Meyers hopes he can shine a light on the alleged recalcitrance of the ICAO, not to mention a possible loophole for medical marijuana patients who are terminated from a job after testing positive for THC.
In the meantime, he's looking for a job. "Maybe I can work in a medical marijuana dispensary," he says.
Presumably, none of them require employees to be drug tested. And if they did, a positive for THC wouldn't be an issue.
More from our Marijuana archive: "Medical marijuana: CO Supreme Court ruling leaves patients unprotected, plaintiffs say."