Colorado Bankruptcy Law Group, LLC – Chapter 7 and Chapter 13 Personal Bankruptcy Attorneys

I came across Jason Lauve’s story in the Boulder Weekly this weekend.  It got me thinking about a couple of things.  First, is this idea of government by the people.  When the citizens of Colorado approved Amendment 20, legalizing medical marijuana, I wonder if the electorate stopped to consider all of the practical implications of such a law.  Here we are, several years later caught up in a morass of consequences, such as having to deal with marijuana dispensaries.  I’m not going to sit here and try to persuade anyone on the superiority of the legislative process, but there is something to be said for a process that allows for (occasionally) thoughtful debate on an issue.  Then again, I can’t sit here and defend the Patriot Act.

But that’s not what Jason Lauve’s story is about.  Mr. Lauve suffered a snowmobile accident, leaving him with a great deal of chronic pain.  He tried all sorts of opiate based solutions, like oxycodone and vicodin, which left him depressed and drowsy.  That’s when he apparently stumbled on the idea of self-medication with pot.  Problem is, he needed a lot of pot.  He started growing his own weed, and got busted when the po-po found out he had more than the six plants allowed under the law.  But he went to trial, and he won.

That’s when the problems started, says Mr. Lauve.  Besides being visited by social services and losing his apartment, Mr. Lauve was also fired from his job as an instructor at the Rocky Mountain College of Art and Design in Denver.  That’s why the story caught my attention.  Can an employer fire someone for using medical marijuana?  I have to say no.  At least not per se.  An employer couldn’t fire someone for using medical marijuana any more than the could fire someone for using Prozac®.

But I think there’s more to this story that Mr. Lauve doesn’t want us to see.  Apparently, Mr. Lauve was showing up late for classes and leaving early because of his pain.  Sure, he might have been entitled to a reasonable accommodation, but I’m not sure how an employer accommodates someone who isn’t showing up to work?  So, can an employer fire someone for using medical marijuana if it is affecting his performance at work?  I say yes.  Why should they have to tolerate someone who can’t do the job they were hired to do?

Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC.  If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule a bankruptcy consultation at a time that is convenient for you.

Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.

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