Pot Smokers Can Be Fired: No Employee Protection Against Weed

In Colorado, where both medical and recreational marijuana is legal, there is a bit of a twist when it comes to the workplace. Employers in the state can actually fire workers who test positive for the drug, even if it was used off duty, according to a recent court ruling.

The Colorado Court of Appeals found that there is no employment protection for medical marijuana users in the state as the drug remains barred by the federal government.

"For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law," the appeals court stated in its 2-1 conclusion.

This ruling is similar to other decisions in similar cases elsewhere and comes as businesses attempt to regulate pot use among employees in states where the drug is legal. Colorado and Washington state law both provide for recreational marijuana use. Several other states have also legalized medical use.

The patchwork of laws across the nation and state-federal conflict has left the issue unclear. Based on this ruling, employees who use pot in Colorado do so at their own risk. In Arizona, however, workers cannot be terminated for lawfully using medical marijuana, unless it would jeopardize an employer's federal licensing or contracts.