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○On January 27, 2014, the Colorado Supreme Court granted certiorari tohear Brandon Coats v. Dish Network, LLC. Oral arguments took place inSeptember, 2014, but no decision has been issued.○In Coats v. Dish Network, LLC, Brendan Coats was fired after testingpositive for marijuana even though he is a quadriplegic with a validmedical marijuana card. The Colorado Court of Appeals affirmed the trialcourt’s determination that the termination was not discriminatory underColorado law because, “[T]he term “lawful activity” in section 24-34-402.5,means that the activity – here, plaintiff’s medical marijuana use – mustcomply with both state and federal law.” 27○On May 21, 2014, the state of Colorado submitted an amicus brief to theColorado Supreme Court in support of Dish Network, LLC. The Statecites to the Drug Free Workplace Act of 1988 and argued that thepetitioner’s argument, that the State lawful activities statute coversconduct illegal under federal law, would undercut zero toleranceworkplace drug policies. The State’s amicus brief concludes, “The State ofColorado and other employers should not be put in the burdensomeposition [of] having to litigate a prohibition of the use of marijuana resultingin job impairment caused by an employee’s choice to consume marijuana27 Coats v. Dish Network, LLC, 303 P.3d 147, 150 (Colo. Ct. App. 2013).