Colorado's medical marijuana laws leave employers in a cloud of smoke.

• Author: Hartman, Holli
• Position: STATE of the STATE

THE NUMBER OF MEDICAL MARIJUANA users in Colorado is rising exponentially, and this is leaving employers, well ... dazed and confused.

There are already approximately 145,000 people on the Colorado Medical Marijuana Registry, and the state's website warns that it is still processing a backlog of applications. Presumably, many of those card-carrying members hold jobs. Employers are struggling on how or whether to accommodate them.

Some employers are not taking kindly to the notion of employees who use marijuana for medicinal reasons. Even though Colorado's constitution legalizes medical marijuana, federal law still bans it as a controlled substances leading some employers to modify their policies to continue to ban "federally controlled substances" in the workplace.

"We will not allow it, and we will battle it," said Jeff Rauske, executive vice president of Advantage. Security, a security guard and patrol-service provider based in Aurora.

Advantage Security has not had any employees come forward to say they have medical marijuana cards, but the company's policy makes clear that the use of marijuana, medical or not, is prohibited at all times. 'The company amended its drug and alcohol policy to ban any substance "prohibited by federal or state law." including marijuana.

Others, however, will employ medical marijuana, users so long as the employees Fully disclose that they have a Medical Marijuana Registry card and the employees arc not working in safety-sensitive positions. One home repair and remodeling business located in Centennial modified its policy to accommodate medical marijuana users. Hut its policy also prevents (he use and possession of marijuana on company property, vehicles and job sites.

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"We try lo address it so we aren't singled out for discriminating against some prescription drugs and not others," said the business's owner.

Some employers are spooked about being sued if they decide not to accommodate medical marijuana users who may also qualify as disabled under federal and state antidiscrimination laws. A few I spoke with didn't wish to be quoted for fear of putting their businesses at risk of lawsuits.

Colorado law is still a bit hazy on whether employers are required to accommodate medical marijuana users.

The constitutional amendment passed by the voters in 2000 states that "Nothing in this section shall require any employer to accommodate the medical use of marijuana in a workplace." But that...