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If I smoked marijuana with my boss, can he legally come back a year later and ask me to take a drug test to keep my job?

Denver, CO |

Over a year ago I smoked marijuana with my boss/owner of the company I work for. Can he legally come back and ask me to take a drug test to keep my job? I want to add that Marijuana is the only "drug" I use, and that I live in Denver, so it is legal here. But the company I work for is in New Hampshire. I also know that even though it is legal here that an employer can fire you for using marijuana. But can they do so after actually smoking marijuana with you?

Attorney Answers 2


  1. Yes, he can. It does not matter what he has done. Understand that possession or use of marijuana is still a federal offense regardless of the passage of Amendment 64 here in CO. You are an at will employee and can be fired if you refuse the drug test.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  2. Yes -- and he can fire you, too, unless you are a contracted employee or protected by some union-based collective bargaining agreement.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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