by Choice Organics
Many states, including Colorado, have decided that the state’s cannabis law applies only to criminal prosecution. Specifically, they have made it clear that any protections do not extend to the workplace.
In a 6-0 decision in June 2015, the Colorado Supreme Court ruled that an employer is legally able to fire employees who use cannabis off-duty even though the use is legal under Colorado law.
Colorado does not have a systematic plan of action regarding drug-testing laws. While there are laws in place regarding unemployment benefits and drug testing, the state does not define laws about private employers’ choice to drug test and the procedures that follow. This means that the policies followed by Colorado employers varies widely. Employers must make their drug testing policies known to employees, and this information will be available through the company’s human resources or in an employee handbook.
However, employers who choose to test are required to declare that they can and will perform drug tests on employees during the job application process. At this point, the prospective employee can then choose to deny or accept the chance of a drug test. Choosing to deny a drug test may influence his or her chances for hire and employment, but this is up to the employer.
Many employers in Colorado opt not to perform drug tests, especially in light of the legalization of recreational cannabis. The only careers that require testing by federal law are those that are safety-sensitive such as jobs pertaining to aviation, transportation or contractors with NASA and the Department of Defense. However, an employer reserves the right to terminate employment based on a positive drug test regardless of whether a position is safety-sensitive or not.
While the laws around employment and cannabis are somewhat ambiguous, the ones regarding cannabis use and driving are not. Any substance that impairs the ability to operate a motor vehicle is illegal to use while driving— this includes medically prescribed cannabis. Drivers with five nanograms of the psychoactive component THC in his or her system while driving can be prosecuted for driving under the influence (DUI).
Drivers who refuse to cooperate with the drug-testing process will immediately be considered a high-risk driver and face mandatory substance education, therapy classes and two-year ignition interlock even without conviction. Penalties for a marijuana DUI conviction are the same as an alcohol DUI conviction.
The other area where Colorado law surrounding cannabis use has been made clear is in the case of consumption in public places. While some might be tempted to experience our state or national parks while enjoying cannabis, this offense is punishable by substantial fines. The use of cannabis products in any public space remains illegal, though there has been some action in specific areas – like Denver – to allow consumption in permitted places (coffee shops, book stores, etc.). At the current time, however, all use in public spaces – from parks to sidewalks to restaurants – and wherever a liquor license is held is prohibited.
Again, the regulations around the consumption of cannabis are similar to those surrounding alcohol.
It may be consumed in private spaces, such as in your own home, or in explicitly designated places, like the coffee shops and book stores noted above, but all public use is prohibited. Public consumption may result in petty charges being filed, and fines or public service as retribution.
The bottom line? Despite the legalization of both medical and recreational cannabis use in Colorado, there are still few protections for users where that use intersects with other activities. Because cannabis is still illegal on the federal level, state regulations cannot extend into areas like employment and operation of motor vehicles, even where medical cards are concerned.
For consumers in Colorado, understanding the law and the extent of the protections it provides is crucial to avoiding loss of employment, fines, or more serious consequences.
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