[emrat:1902] Curtis Graves: Marijuana Expert?

Legal pot in Colorado raises jobsite enforcement questions

Posted: 10/26/2012 04:44:38 PM MDT
October 26, 2012 10:45 PM GMTUpdated: 10/26/2012 04:44:43 PM MDT

By Steve Raabe
The Denver Postdenverpost.com

 

Amid business-sector debate over legalizing marijuana, one concept seems certain: lawyers will have plenty of work if Amendment 64 passes.

The influence of legal pot on economic development, taxes and job growth are the fodder of position papers from proponents and opponents.

But high among the concerns of business groups is how employers could enforce workplace drug policies.

The gray areas of employment law that already exist with medical marijuana in Colorado will become grayer if pot is legalized, they say.

Both sides of the issue agree that the ability of an employer to fire a worker for using marijuana during work hours is beyond dispute.

But what about employees violating company drug policies by smoking legal marijuana after work?

"If it passes, I can foresee it being more difficult to terminate an employee for off-duty usage," said Curtis Graves, a staff attorney with the Mountain States Employers Council.

Court rulings have determined that Colorado's medical marijuana law doesn't make use of pot legal, but merely decriminalizes it for permitted medical marijuana patients.

That status give employers more leeway in the ability to fire, or not hire, workers who test positive for marijuana, even if medically allowed and consumed off-duty.

"But if it becomes legal, that gets turned on its head," Graves said.

Proponents of Amendment 64 say employer concerns are unfounded because the measure states that nothing in the law will "affect the ability of employers to have policies restricting the use of marijuana by employees."

Supporters say the positives of legalizing marijuana include creating at least 350 jobs and initially generating $47 million a year in new tax revenue. Tax collections would increase to $100 million annually in later years, according to one study cited by proponents.

"I think the numbers would be huge," said Wanda James, a Denver restaurant owner who proposes to open a "marijuana grocery store" if the amendment passes. "I see it being a major positive factor in Colorado business. Why would you be against business and jobs and tax revenue? It just doesn't make any sense."

But Colorado's image would suffer, business productivity would drop and prospective relocating companies might be scared away, say leaders of business groups.

"We have a very well-educated workforce and we're a hard-working state. That's our No. 1 selling point," said Kelly Brough, chief executive of the Denver Metro Chamber of Commerce. "We don't think (Amendment 64) reinforces the brand."

Tami Door, president of the Downtown Denver Partnership, said she already has received questions about the measure from new business prospects.

"I don't believe there are any positives coming from it," she said.

Steve Raabe: 303-954-1948, sraabe@denverpost.com or twitter.com/steveraabedp

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