Another trap for law was created as a result of disjoins actions between the classification of state-sanctioned cannabis and the federal embargo of cannabis. The decision of the Colorado Supreme Court stated on June 15th that employers can legally fire workers who use cannabis.
And it’s not about using cannabis during working hours, or deterioration that reduce the performance of fulfillment obligations at work that can be a serious reason for dismissal. It’s about personal, out of work use by people who have an official permission from MMJ. This case concerns a Colorado citizen known as Brandon Coat who suffers from quadriplegic and is MMJ patient. The Dish Network fired him in 2010 because of cannabis use. After several years of litigation, the Colorado Supreme Court made decision that gives federal law permission to defeat convincingly everything that people voted for. The court case built on what, precisely, constitutes “legal activities” under the state legislation. The court stated that, “the Supreme Court holds that under… Colorado’s ‘legal activities statute,’ the meaning of term ‘legal’ concerns to such activities that are legal under federal and state legislation. Thus, workers who participate in using medical marijuana which use is allowed by state legislation but illegal under federal legislation are not covered by the statute.”
Over and over, federal legislation trumps state legislation. It can be partly understood from a governing view. Very important to remember that we are a people of united states, not a continent of independent nations sharing borderlines. We are the country with comprehensive system of government. This is should be read as an accusation of the Colorado Supreme Court as well. Their main aim (assumedly) is not writing the law but interpreting it. The federal Schedule I status of cannabis was the reason of creation of so many troubles that it would be funny if it wasn’t the rock on which so many people were split. Brandon Coat worked on a position of customer service representative and he was fired after negligible quantity of THC which was found in his mouth. The company knew about his state of health and stated that he was using cannabis at work, notwithstanding the absence of proofs to support the statement, and any performance problems with Coat over the three years of his work in the Dish Network. They found THC after testing him and as a result he was fired. The decision why Dish Network wanted to fire Coats is a grey area, but company hiding behind the legislation as an explanation to persecute a person who is living his life in a wheelchair. Let’s hope Coats find his way to truth soon and let’s hope he will find enough strength to find stability after this test. A little bit of this precedent may go a long way. A great number of people can be fired under the aegis of cannabis use. If there’s no connection with work performance or criminal actions that hurts the company, it is discrimination, briefly and clearly. The only way out from this insanity (as well as a great solution of other issues) is to put cannabis to a place on the schedule that makes sense de jure and scientifically.
Once again, a person can be a furious, violent alcoholic who goes home to work on your Fascist manifesto entire night and no one can fire that person for it; because their rights are protected. At the same time, a paralyzed man who smokes a little bit of marijuana at night to reduce his pain doesn’t deserve his job? That statement is not right and contradicts the American spirit.