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States Keep Changing the Marijuana Laws

By John D. Shyer and Rifka M. Singer

Since 1998, 23 states and the District of Columbia have adopted statutes permitting medical marijuana use under limited circumstances, and similar legislation is pending in 10 more states. More recently, Colorado and Washington have passed laws legalizing recreational marijuana use. However, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain “zero tolerance” policies with respect to employee marijuana use.

On Sept. 30, attorneys for Brandon Coats, a 34 year-old Colorado quadriplegic and authorized medical marijuana user, argued in Colorado Supreme Court that Coats was unlawfully fired in 2010 by his employer, Dish Network, after failing a random workplace drug test. Colorado trial and appellate courts had previously ruled that Dish Network was within its rights to fire Coats, finding that the state's medical marijuana statute merely protected Coats from criminal penalties for his medical marijuana use, but did not afford civil protections.

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