Fisher & Phillips associate, Adam Brown, was quoted extensively in an article in TheStreet.com June 15:. Moye White partner, Liza Getches, was also quoted in the same article:
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NEW YORK (MainStreet) — A decision by the Colorado Supreme Court today determined that employers in the state who prohibit their employees from medical marijuana use can continue to discipline and terminate workers who test positive for the drug.
Despite the fact that Colorado passed a lawful off-duty conduct statute several years ago, the Supreme Court found that even though medical marijuana use is legal in the state, federal law still prohibits the use of cannabis for medical or recreational purposes. The main issue is that the federal law prohibiting the recreational use of marijuana is still trumping state law. The decision means that medical marijuana use is not “lawful” for purposes of Colorado’s lawful off-duty conduct statute.
