Some states have comprehensive laws that regulate drug testing in the private sector, but Colorado does not have such a law. Private employers are therefore free to set their own testing policies, as long as those policies meet the requirements of any applicable federal law. Please see the national Alcohol and Drugs section. Discrimination
The Colorado Anti-Discrimination Act prohibits employment practices that discriminate on the basis of certain classifications, including physical or mental disability, provided the individual with the disability can perform the essential functions of the job in question with or without reasonable accommodation. The Act covers all employers, regardless of size (CO Rev. Stat. Sec. 24-34-401et seq.).
Americans with Disabilities Act (ADA). The ADA considers the current use of alcohol to be a disability, but not the current use of illegal drugs. Additional information on substance abuse and the ADA is available. Please see the national Alcohol and Drugs, national Disabilities sections. Medical Marijuana
Amendment 20 to the state constitution authorizes the use of marijuana to alleviate certain debilitating medical conditions. Amendment 20 authorizes a patient or a primary caregiver who has been issued a Medical Marijuana Registry identification card to possess no more than 2 ounces of a usable form of marijuana. The Colorado medical marijuana law does not require any employer to accommodate the medical use of marijuana in any workplace. However, it is not specified whether this lack of an accommodation requirement pertains only to on-the-job medical marijuana use or, more generally, to the employment of any individual who engages in the medical use of ...