Is it legal for an employer to fire me for not killing my marijuana plant?

UPDATED: Sep 30, 2022

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Is it legal for an employer to fire me for not killing my marijuana plant?

I work as a grower for a medical marijuana dispensary. During my first interview I told my boss that I am growing a marijuana plant at home. In my state, it is legal for any resident to grow up to 6 plants per person. New Link Destination
day, 3 months after being employed with the company, my boss told me that I cannot grow from home anymore and that he wants to see a picture of my plant killed off and in the trash. I do not grow for the company from home. I work from a marijuana grow warehouse. My boss says the reason why is that I can bring pests from

my own grow into the grow warehouse at work. He also says that it isn’t illegal for him to make me kill my own personal plant and that it is a health organization code for him to have me do so. Can my boss make me kill my own personal, legally grown plant from home and to fire me if I don’t?

Asked on August 5, 2016 under Employment Labor Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless this directive violates the terms of an employment contract or union/collective bargaining agreement, or constitutes some form of legally actionable dscrimination, it is legal. The fact is that in an "at will" employment relationship, a company can set the conditions of the worklace much as it sees fit. This includes when and why to terminate an employee. In fact, a worker can be dismissed for any reason or no reason at all, with or without notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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