In a somewhat surprising decision  The Colorado Supreme Court has  ruled  that Dish Network LLC was within its rights to fire a quadriplegic customer service representative who used medical marijuana. The employee relied upon a Colorado statute prohibiting employment actions against employees who engage in “lawful” activities when off-duty. The Court rejected the argument that “lawful” meant both state and federal law and since marijuana use was still against federal law, Dish was within its rights to fire the employee.

 The case is Brandon Coats v. Dish Network LLC, case number 13SC394, in the Colorado Supreme Court.