Coats v. Dish Network, L.L.C.

JUDGE WEBB

dissenting.

{41 In my view, "lawful activity" under section 24-84-402.5, C.R.S.2012, Colorado's off-duty conduct statute, should be measured by state law. I further conclude that use of marijuana in a manner permitted by the Medical Marijuana Amendment, Colo. Const. art. XVIII, § 14(MMA), is lawful. Therefore, I respectfully dissent from that portion of the majority opinion which affirms dismissal of plaintiff's section 24-834-402.5 claim, but otherwise concur.

I. Lawful Activity is Determined by Colorado Law

1 42 Colorado criminal law is not coterminous with federal criminal law. Some…