According to a New York Times story, even as 23 states (and the District of Columbia) allow the use of medical or recreational marijuana, many businesses continue to strictly enforce their drug-free policies, creating a cultural schism between a society that increasingly accepts marijuana and companies that will fire employees who use it.

[caption id="" align="alignright" width="266"] Brandon Coats[/caption]

Brandon Coats, for example, was fired for violating Dish Network’s drug-free workplace rules, despite having a medical marijuana card. Coats was paralyzed in a car accident when he was 16 and has been using medical marijuana since 2009 to relieve painful spasms that jolt his body. However, he medicated mostly at night and said marijuana had never affected his performance at work. In spite of this, Mr. Coats andother patients are discovering that marijuana’s recent strides toward the legal and cultural mainstream are clashing with office policies and, ultimately, derailing careers.

Employers and business groups say drug screenings identify drug-abusing workers, create a safer working environment, lower their insurance costs, and, in some cases, are required by the law. Marijuana advocates, on the other hand, counter that such policies amount to discrimination, either against those using marijuana to treat a medical condition or against those who use it because they have the legal right to do so, off the clock and outside of the workplace.

There are a lot of people out there who need jobs, can do a good job, but in order for them to live their lives, they have to have this,” said Mr. Coats, who is 35. “A person can drink all night long, be totally hung over the next day and go to work and there’s no problem with it.”

Generally speaking, most companies do not fire employees for drinking a couple of beers or having a glass of wine — which is objectively more harmful than marijuana — after working hours. It simply does not make sense for law-abiding citizens to lose their jobs over a substance that is far safer than alcohol.

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On Thursday, a Colorado Court of Appeals panel ruled that a quadriplegic medical marijuana patient fired for off-the-job marijuana use had no expectation of job security, creating a disquieting legal situation in the state.

[caption id="attachment_6341" align="alignright" width="131"] Brandon Coats[/caption]

Despite lacking evidence that he was impaired on the job, the Dish Network fired telephone operator Brandon Coats after he tested positive for marijuana. Coats took his employers to court, arguing that his termination violated Colorado's Lawful Off-Duty Activities Statute, which states employees cannot be fired for engaging in legal activities when off-the-clock.

Unfortunately for Coats and the thousands of patients like him, a trial court ruled against him, citing a previous case that declared Colorado’s medical marijuana law only exempts patients from prosecution.

The decision makes it clear: Colorado’s Lawful Off-Duty Activities Statute does not cover legal state activities that conflict with federal law. Meaning, employees may smoke tobacco, drink alcohol, and risk developing a myriad of ailments, but if those employees opt to use a safer substance by following a doctor-recommended course of treatment, they must do so with the knowledge that their voter-approved choice could mean losing their source of income.

Employers are prevented from discriminating against employees based on medical conditions or treatments. Medical marijuana patients should be treated equally, not worse than people who use dangerous narcotics at the direction of their physicians.

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