Colorado residents can still get fired from work if they're found smoking pot, despite the state's new legislation legalizing recreational use of marijuana.
Under the new law, businesses can prohibit marijuana use among its employees, CNN reported.
Courts have further ruled that staff can be fired for lighting up during work hours, and even for smoking at home. Companies are permitted to administer drug tests under personalized pot policies. If an employee fails the test, "employers can take whatever action they deem to be prudent," attorney for the Mountain States Employers Council Curtis Graves told CNN.
Even if an employee possesses medical clearance from a doctor, they still might run the risk of being fired based on the company's policy.
Graves stated that this provision stems from the fact that consumption of marijuana is still illegal under federal law.
"The Colorado state court of appeals said that unless [pot] is legal under [both] state and federal law, it is not protected under the lawful off-duty activities law," Graves told CNN, adding that this indicates employers have the freedom to keep a firm grip on their rules, whether they be zero-tolerance or otherwise.
Graves concluded that the provision, which was decided after a DISH Network employee sued in 2011 for failing a marijuana drug test and getting fired, should be regarded as a warning to workers. He said that it was important for all parties involved to know their rights in the situation - employers should know how much jurisdiction they hold, while "employees need to know what the rules are so they can abide by them."
