DENVER — Brandon Coats was working as a customer service representative for Dish Network when he was given a random drug test in spring 2010. Although he had worked there for three years, the company fired him when the 30-year-old quadriplegic tested positive for marijuana.
Coats — who has used a wheelchair since age 16 after a car he was riding in crashed into a tree — says he uses marijuana to control his muscle spasms, which weren’t alleviated by other pharmaceuticals.
“It’s a matter of need, and not a matter of want,” Coats’ attorney Michael Evans told BuzzFeed of his client’s marijuana use.
Coats sued Dish Network, arguing that his medicinal marijuana use was legal and that he was never impaired while working, but the trial judge quickly dismissed the case.
Last April, the Colorado Court of Appeals upheld Coats’ firing in a divided opinion.
The court decided Colorado’s Lawful Off-Duty Activities Statute, which prohibits employers from firing employees for participating in legal activities during their free time, like gambling or drinking alcohol, doesn’t apply to marijuana. For the judges, the fact that marijuana is still a federal crime means it is unlawful across the board and the protections of the law don’t apply.
Read more: Colorado Pot Smokers Can Still Be Fired For Failing Drug Tests | BuzzFeed
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