{"id":41503,"date":"2022-03-25T16:47:24","date_gmt":"2022-03-25T22:47:24","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/lawmakers-reject-bill-seeking-to-prohibit-employers-from-firing-workers-for-cannabis-use\/"},"modified":"2026-03-31T03:01:29","modified_gmt":"2026-03-31T09:01:29","slug":"lawmakers-reject-bill-seeking-to-prohibit-employers-from-firing-workers-for-cannabis-use","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/lawmakers-reject-bill-seeking-to-prohibit-employers-from-firing-workers-for-cannabis-use\/","title":{"rendered":"Lawmakers reject bill seeking to prohibit employers from firing workers for cannabis use"},"content":{"rendered":"\n<p><figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=5f0dd3d0-0301-4ff0-a1c5-8ff4e02da816&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" width=\"1933\" height=\"1400\" alt=\"The town of Ignacio is expected to put a ballot question to voters asking residents if they want to approve marijuana dispensaries within town limits. (Jerry McBride\/Durango Herald file)\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">The town of Ignacio is expected to put a ballot question to voters asking residents if they want to approve marijuana dispensaries within town limits. (Jerry McBride\/Durango Herald file)<\/span><span class=\"credit\">du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p><p>A Colorado House committee voted down a bill that sought to stop employers from denying jobs to or firing workers for their off-the-clock cannabis use, either medical or recreational.<\/p>\n<p>House Bill 1152 also sought to require employers to let their employees consume medical marijuana while on the job. The legislation included exceptions for workers whose jobs are in dangerous fields or require fine motor skills, such as positions involving the use of heavy machinery.<\/p>\n<p>The bill was rejected on a 12-1 vote in the House Business Affairs and Labor Committee on Thursday afternoon even after the measure\u2019s sponsor, Rep. Edie Hooton, a Boulder Democrat, offered an amendment to dramatically scale back the legislation before the vote was taken.<\/p>\n<p>The amendment, which was adopted, would have erased all of the bill\u2019s provisions and instead convened a panel to study the issue and make recommendations to the Legislature about how employers can accommodate medical marijuana users. But even that wasn\u2019t enough for lawmakers on the committee, who were concerned about any move toward forcing employers to allow their employees to use marijuana on or off the job.<\/p>\n<p>Many in the business community are fiercely opposed to the measure and testified in opposition to it Wednesday.<\/p>\n<p>\u201cI wasn\u2019t surprised,\u201d Hooton, who has brought similar legislation for several years, said of the outcome. \u201cI got a lot of very, very valuable feedback about how we might be able to move forward in the future.\u201d<\/p>\n<p>The question of whether the use of cannabis off the clock can disqualify a person for a job or lead to their firing has been swirling in Colorado since voters passed Amendment 64 in 2012, which legalized the sale and use of recreational cannabis. Most states that have lifted prohibitions on pot leave the question of how to handle employees\u2019 marijuana use up to employers, according to the National Conference of State Legislatures.<\/p>\n<p>Nevada and New Jersey are two exceptions. In New Jersey, employers can prohibit employees from using cannabis while on the job or from showing up to work impaired. But they are not allowed to penalize an employee solely because of their off-the-clock recreational cannabis use.<\/p>\n<p>In 2015, the Colorado Supreme Court sided with Dish Network, which fired an employee, Brandon Coats, after he tested positive for tetrahydrocannabinol \u2013 or THC \u2013 in a random drug test. Coats had a medical marijuana card as a result of back spasms caused by his quadriplegia. Muscle spasms are one of the seven debilitating conditions for which medical marijuana can be recommended under Colorado law.<\/p>\n<p>The closely watched case highlighted Colorado\u2019s pot paradox: Marijuana is legal, but consuming it can still be grounds for termination.<\/p>\n<p>Amendment 64 included this provision: \u201cNothing in this (ballot measure) is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.\u201d<\/p>\n<p>Amendment 20, the 2000 ballot initiative allowing medical marijuana sales and use in Colorado, included a provision about how it does not \u201crequire any employer to accommodate the medical use of marijuana in any workplace.\u201d<\/p>\n<p><a href=\"https:\/\/coloradosun.com\/\" id=\"link-e33424d4fed5d175fcf6a741d619f785\" target=\"_blank\" rel=\"noopener\"><em id=\"emphasis-e2baee8515946b1b11018dc61a2ca4f2\">The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com<\/em><\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>1152 was rejected on a 12-1 vote<\/p>\n","protected":false},"author":1,"featured_media":41504,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[120,394,94,14,233,28,135,1611,1610],"naviga_topic":[],"class_list":["post-41503","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-colorado","tag-colorado-legislature","tag-colorado-state-government","tag-colorado-state-house-of-representatives","tag-coloradosun-com","tag-headlines","tag-marijuana","tag-medical-marijuana","tag-recreational-marijuana"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/41503","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=41503"}],"version-history":[{"count":1,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/41503\/revisions"}],"predecessor-version":[{"id":84991,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/41503\/revisions\/84991"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/41504"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=41503"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=41503"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=41503"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=41503"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}