Colorado Courts Offer Free Interpreter Services

The Justice Department announced last week that it has reached an agreement with Colorado State Judicial officials to ensure that limited English-proficient individuals will have free access to timely and competent language assistance when seeking services in state courts. Accordingly, Chief Justice Bender has issued a comprehensive Directive that provides for the services in all criminal and civil proceedings, as well as court operations. Read more here.

Employers and Medical Marijuana

Employers should follow the lead of the federal Veteran's Administration.

This month the VA announced that it will draw a "clear distinction between the use of illegal drugs and legal medical marijuana."

The VA will not penalize medical marijuana patients who are treating validly under their states' laws.

Similarly, employers should revise their workplace drug policies to make a clear distinction between the use of legal medical marijuana and illegal drugs with no legitimate medical purposes. They should distinguish between treatments and abuse.

Some managers are being forced by corporate headquarters to fire workers who treat at home with medical marijuana, when they know that these workers have been stellar performers with absolutely no problems at work.

Employers are losing valuable employees because of their outdated "zero tolerance" drug policies that fail to account for legitimate medical treatments.

These unenlightened policies are based on false information from outdated stereotypes of medical marijuana that ignored the scientific proof that marijuana is safe and beneficial and treats a multitude of illnesses and pain.

Recent studies confirm that marijuana is a safer alternative to some of the pharmaceuticals that produce horrific side effects, often far worse than the original disease. Yet some employers are stuck in the old mentality that falsely lumped medical marijuana in with narcotics as an unsafe treatment, or worse yet, just a drug to be abused.

It is unethical to deprive patients of very beneficial medical treatments based on the fear of abuse. Any drug can be abused. Would it be logical to deprive people of prescription medications since they can be abused? Would it be right to deprive them of their jobs?

Employers can step up now and follow the lead of the VA in recognizing the difference between state-sanctioned medical marijuana treatments and illicit drugs. State-sanctioned medical marijuana should be treated as other medical treatments, and should not be used to deprive good workers of their livelihoods.

Veterans Administration Recognizes Legal Medical Marijuana

The federal Veteran's Administration will not penalize Veterans for using medical marijuana by depriving them of other necessary medicines, according to a July letter issued by the US Department of Veteran Affairs Under Secretary for Health Robert Petzel, M.D.

Testing positive for marijuana would not preclude a Veteran from receiving other medications for pain management in a Department of Veterans Affairs (VA) facility, if a Veteran obtains and uses medical marijuana in a manner consistent with state law.

The authorized use of medical marijuana should not be defined as "illegal drug use," according to the VA Under Secretary.

"Standard pain management agreements should draw a clear distinction between the use of illegal drugs, and legal medical marijuana," says Under Secretary Pelzel.

The VA further instructs that the individual health care provider retains the discretion to prescribe, or not prescribe, opioids in conjunction with medical marijuana. The health care provider has the authority to determine the medications on clinical grounds.

The Veteran would need to inform his provider of the use of medical marijuana, and of any other non-VA prescribed medications he or she is taking to ensure that all medications, including opioids, are prescribed in a safe manner, according to Under Secretary Dr. Pelzel.

The provider will take the use of medical marijuana into account in all prescribing decisions, just as the provider would for any other medication, according to the VA.

"This is a case-by-case decision, based upon the provider's judgment, and the needs of the patient."

The VA is right - medical marijuana patients should not be treated as criminals, nor should they be deprived of their medically necessary treatments.

This guidance is important because it reaffirms that at least one administration within the federal government recognizes that medical marijuana, when used validly under state law, is a medical decision best left to the physician and the patient and should not be treated as a criminal matter. It is a health care decision.

Colorado Constitutional Rights to Medical Marijuana

The Colorado Constitution provides positive rights to citizens, which include affirmative defenses to prosecution under state laws for qualified use of medical marijuana. The rights guaranteed by the Colorado Constitution are much more expansive than just affirmative defenses, as I read the Constitution.


The Colorado Constitution guarantees positive rights to medical marijuana by providing the following rights:

1. Right to medical use of marijuana by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

2. Right to acquisition of marijuana by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

3. Right to possession of marijuana by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

4. Right to production of marijuana by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

5. Right to transportation of marijuana by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

6. Right to medical use of marijuana paraphernalia by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

7. Right to acquisition of marijuana paraphernalia by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

8. Right to production of marijuana paraphernalia by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

9. Right to transportation of marijuana paraphernalia by qualified patients. COLO. CONST. art XVIII, § 14, 4(a), 1(b)

10. Rights to possess, acquire, possess, produce, transport up to 2 ounces of marijuana by qualified patient. COLO. CONST. art XVIII, § 14, 4(a)

11. Rights to possess, acquire, possess, produce, transport up to 6 plants by qualified patient. COLO. CONST. art XVIII, § 14, 4(a)

12. Right to acquisition of marijuana paraphernalia by caregivers for patients under the age of 18. COLO. CONST. art XVIII, § 14, 6; 6(i)

13. Right to protection of physician rights or privileges for acts authorized by Constitution. COLO. CONST. art XVIII, § 14, 2(c)

14. Right of physicians to advise a patient about risks and benefits of use of medical marijuana. COLO. CONST. art XVIII, § 14, 2(c)(by affirmative defense)

15. Right of physicians to advise a patient that she might benefit from medical use of medical marijuana. COLO. CONST. art XVIII, § 14, 2(c)(by affirmative defense)

16. Rights of physicians to provide medical documentation to patient for acquisition of medical registry card. COLO. CONST. art XVIII, § 14, 2(c); 2(b)(1); 3(1)

17. Rights to protections for property interests of ANYONE AFFECTED for property seized by law enforcement. COLO. CONST. art XVIII, § 14, 2(e)

18. Rights to immediate return of patient or caregiver property after seizure upon described conditions. COLO. CONST. art XVIII, § 14, 2(e)

19. Right to assert affirmative defense for qualified patients from prosecution under state drug laws. COLO. CONST. art XVIII, § 14, 2(b)

20. Right to assert affirmative defense for physicians from prosecution under state drug laws. COLO. CONST. art XVIII, § 14, 2(c)

21. Right to confidential registry maintained by state health agency. COLO. CONST. art XVIII, § 14, 3

22. Right to participation in Colorado Medical Marijuana Registry program. COLO. CONST. art XVIII, § 14, 3(c), 8(9)

23. Right to obtain registry ID Card from state health agency on demonstration of qualification. COLO. CONST. art XVIII, § 14, 3(c)

24. Right to timely action by state health agency. COLO. CONST. art XVIII, § 14, 3(d)

25. Right of citizens to automatic participation in Medical Marijuana Registry on expiration of 35 days of application in absence of notification of denial of application. COLO. CONST. art XVIII, § 14, 3(d)

26. Right of primary caregiver to control acquisition of marijuana for patients under 18. COLO. CONST. art XVIII, § 14, 6(i)

27. Right of primary caregiver to control frequency of use of marijuana for patients under 18. COLO. CONST. art XVIII, § 14, 6(i)

28. Right of primary caregiver to control dosage of marijuana for patients under 18. COLO. CONST. art XVIII, § 14, 6(i)

29. Right of patients to petition state health agency to add other debilitating conditions. COLO. CONST. art XVIII, § 14, (9)

30. Right of physicians to petition state health agency to add other debilitating conditions. COLO. CONST. art XVIII, § 14, (9)

31. Implied rights to accommodation of medical use of marijuana outside of the workplace. COLO. CONST. art XVIII, § 14, 10(c)

Additional rights affirmatively granted to primary caregivers via affirmative defense:

32. Right of primacy care-giver to engage in medical use of marijuana. COLO. CONST. art XVIII, § 14,2(b) and 1(b), 1(f)

33. Right of primary care-giver to assist in acquisition of marijuana. COLO. CONST. art XVIII, § 14,2(b) and 1(b), 1(f).

34. Right of primary care-giver to assist in possession of marijuana. COLO. CONST. art XVIII, § 14,2(b) and 1(b), 1(f).

35. Right of primary caregiver to assist in production of marijuana. COLO. CONST. art XVIII, § 14,2(b) and 1(b), 1(f).

36. Right of primary caregiver to assist in transportation of marijuana. COLO. CONST. art XVIII, § 14,2(b) and 1(b), 1(f).

37. Right of primary caregiver to assert an affirmative defense to prosecution. COLO. CONST. art XVIII, § 14, 2(b).

This makes Colorado unique among the states passing medical marijuana statutes.

These are Constitutional rights.

Marijuana use remains illegal under federal law.

This is provided for educational and informational use only and does not constitute legal advice in any particular situation. Every circumstance is different. If you have questions about your particular situation, you may wish to consider retaining legal counsel.

Fired for Blogging?

Q. Can I be fired for blogging?

A. It depends. Here's an article from a segment I did for 9News a while back. It's still informative. But the law is ever evolving . . .

Fired for Medical Marijuana?

Q. Does Colorado law allow employers to fire workers because they have medical marijuana licenses?

A. The Colorado Constitution allows qualified patients to have access to marijuana for medical purposes. In 2000, Colorado voters approved Amendment 20 which allows patients suffering from cancer, multiple sclerosis, HIV/AIDS, severe pain, and other serious debilitating conditions to use marijuana to treat their illnesses.

A federal anti-discrimination law, the Americans With Disabilities Act, prohibits covered employers from discriminating against qualified individuals with disabilities. At the same time, Colorado statutes generally prohibit employers from firing workers for engaging in legal off-duty conduct and from discriminating against workers with disabilities without attempting to reasonably accommodate them. Civil rights lawyers will be litigating the scope of the protections offered to medical marijuana patients and will be arguing that these laws provide protections, despite the federal ban on marijuana generally. At the same time, they will argue that the Colorado Constitutional protections should be honored and that the federal Controlled Substances Act violates the States' rights to determine this issue for themselves.

Colorado voters have expressed a strong public policy protecting the rights of medical marijuana patients, so fired workers may also have claims for wrongful discharge in violation of public policy. The federal drug law states that possession of marijuana is illegal under that law, however there is a serious debate as to its relevance to the discussion of employment rights, when employers have independent duties to comply with other more specific federal and state anti-discrimination laws that apply to them directly.

If you have been fired for having a medical marijuana card, you should seek legal counsel, since there are many laws that are implicated, and the analysis can be quite complex. Several factors will need to be considered to determine whether you might have valid legal claims. There are deadlines to file certain claims, so the earlier you seek legal counsel, the better.

Do you think medical marijuana patients should be forced to choose between their medical treatments and their jobs? What about patients taking other kinds of pain medications? Should the protections be the same?

Eligible for COBRA premium reduction?

Q: I was recently laid off. How can I tell if I am eligible for the COBRA premium reduction?

A. Federal law makes the COBRA premium reduction available for "assistance eligible individuals."

An Assistance Eligible Individual is a COBRA qualified beneficiary who meets the following requirements:

1. Has a qualifying event for continuation coverage under COBRA that is the employee’s involuntary termination during the period beginning September 1, 2008 and ending February 28, 2010 ; and,

2. Elects continuation coverage timely.

Note: Those who are eligible for other group health coverage (such as a spouse's plan) or Medicare are not eligible for the premium reduction.

Source: http://www.dol.gov/ebsa/faqs/faq-cobra-premiumreductionEE.html