Brandon Coates was a quadriplegic employed by Dish Network LLC. He used marijuana for pain relief and had a medical marijuana card issued by Colorado. For a drug test, Brandon tested positive which resulted in termination. He was said to be in violation of Dish Network’s anti-drug policy. “Coloradans who use medical marijuana off the clock can be fired from their jobs for doing so even if they aren't impaired on the job, an appeals court ruled.” (Denver Post, Colorado court upholds firing for off-the-job medical marijuana use) In the state of Colorado an employer can terminate an employee tested positive for marijuana even if they have the marijuana card.
Brandon then filed suit
claiming his termination violated a Colorado statute called the Lawful
Activities Statue. It prohibits an employer from discharging an employee for
“engaging in any lawful activity off the premises of the employer during
nonworking hours”. Dish claimed that medical marijuana was not a “lawful
activity” because it remains illegal under federal law.
“The court held
that for an activity to be a “lawful activity” under the Lawful Activities
Statute, it must be permitted by, and not contrary to, state and federal law.”(Fwlaw, Colorado Court of
Appeals Rules Employers May Terminate Employees Who Test Positive for
Marijuana)
The court said because Mr. Coates’ state license for medical marijuana use was
at time of termination, considering federal law, his use of marijuana was not a
“lawful activity” for the purposes of the Lawful Activity Statute. “A trial
court upheld the firing, but, in doing so, cited a
previous court ruling that
said the state's medical-marijuana law only creates exemptions from prosecution
and not rights. (Denver Post, Colorado court upholds firing for off-the-job
medical marijuana use)
So his termination was not in violation of the
Lawful Activities Statute and the case was dismissed.
Laws regarding marijuana
use may change one day, but that probably won’t happen for awhile. 
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