Last updated : November 11, 2024
What a wonderful new world we live in, huh? The sky seems even more blue than before, the air has that aroma of burning bud and the grass — well, yeah, it’s green — and it’s being smoked out in the open in more and more states. Colorado was one of the first places in the nation where you could buy and smoke with fewer legal restrictions. Everything’s cool, right? I can smoke up anywhere I want to and there’s nothing anyone can do about it!
Smack!
Wake up, dummy. You live in a world of laws and they make it quite clear — your boss can still fire you for smoking pot in Colorado.
“Wait, wha?”
Pssst! Hey, even in Colorado you can’t smoke marijuana wherever you want. You’re already not going to see teachers smoking cigarettes or doctors sparking up so common sense tells you that anywhere that smoking tobacco is off limits, pot will be also.
Let’s say you’re not talking about actually smoking it at work. Sorry, but unless your boss specifically allows it (believe it or not, some do), they can fire you. It all comes down to drug tests which can legally be performed by an employer.
“That’s not fair!”
Yes, it is fair. Unless it isn’t. In other words, as long as they employer has a consistent, clear and legally sound drug testing procedure in place, they can choose to keep users out of the workplace. Before you mumble something about the 4th Amendment, you should know that while most employers are not required to drug test, they can do so legally by following certain guidelines. Because laws vary from state to state, there is no one standard plan and using a company that specializes in not only testing, but the planning stages can be helpful. Some mobile drug testing companies offer such services.
If a doctor has prescribed an opioid, for example, you’re responsible for following procedures outlined by your employer to make them aware should a drug test be performed. There should be a designated person, most likely in human resources, who handles all drug testing protocol.
“Ah, I’m good! Doctor’s orders!”
Not so fast. Colorado’s Supreme Court has ruled in favor of employers even when it comes to “prescribed” marijuana in any form. That means you can’t rely on that script you picked up from “Doctor John” that says you need it for “constant headaches and nerves” because even legitimate medical need doesn’t protect pot use of employees. It’s not the only state to have rulings go in favor of the employer.
“No way!”
Yes, way. In fact, there are some jobs that are even more strict. If, for example, the Department of Transportation is involved, medical issues that require medication that can impair proper use of vehicles will prevent you from returning to work until you’re done. DOT drug testing is performed much more often and impairment while working in such a field where you’re putting others lives in danger will get you jail time as well as losing employment. The same goes for anyone working in a job with federal contracts. Don’t let the lean toward leniency shown by politicians fool you — it’s still a Schedule I drug and no matter what your legal right may be to use it, your employer still has a legal right to decide if your employment can be terminated for using it.
