The Colorado Supreme Court issued its highly anticipated decision in Coats v. DISH Network, holding that the recreational use of marijuana is not a lawful activity under Colorado’s Lawful Activities Act (“Act”). The Act prohibits employers from terminating employees for off-hours lawful activities. The court applied the Act broadly, holding that the recreational use of marijuana remains a crime under federal law and, therefore, unprotected by the Act. The ruling is clear guidance that Colorado’s marijuana laws do not invalidate employers’ zero-tolerance drug policies, and it may provide a roadmap for other states grappling with similar issues.
