| The Chamber supports an employer's right to set their own policies for their employees, as every workplace is unique and requires different rules for health, safety and functionality.
We keep this in mind as House Bill 1152 works its way through the legislature. This bill prohibits employers from taking adverse action against an employee who uses retail or medical marijuana off the premises during nonwork hours, or who uses medical marijuana on employer premises during work hours. The bill is sponsored by Rep. Edie Hooton (D-Boulder) and Rep. Brianna Titone (D-Jefferson).
The Chamber has several issues with this bill, the first being that it undermines a business' right to manage its own workplace and provide oversight to employees. The legislature is overstepping its authority on the issue of marijuana and ignoring voter-approved parameters around the public consumption of recreational and medicinal marijuana. Legislators are also circumnavigating the Colorado Supreme Court decision that employers have the right to define lawful activity by either state or federal standards as it relates to marijuana consumption.
Even the marijuana industry acknowledges problems with this bill. Many professionals believe this bill will lead to increased impairment tests for employees when Colorado's current standards for impairment are already misaligned with scientific evidence. As a result, both the employer and the employee may have trouble determining whether the employee is capable of doing their work.
Although the bill notes that exemptions can be made on a case-by-case basis, this will be nearly impossible to implement in an ethical, fair manner for any workplace. This restriction will also pose a risk to Colorado businesses when competing for federal contracts, as many federal opportunities require drug-free workplaces.
Coloradans are free under state law to use marijuana, but the Colorado Supreme Court has made it clear that employers have the right to maintain drug-free workplaces.
The Chamber strongly supports the Supreme Court's ruling, and we oppose any effort that risks the safety and security of our employers and employees by eliminating the right to a drug-free workplace. |
