If you live and work in a state where cannabis is illegal, can you be fired for going on vacation to a state like Colorado and using cannabis while there? A Texas administrative law judge says no.
This weeks Cannabis Case Summary covers the case of Maryam Roland, a high school teacher from Texas, who recently prevailed before the Texas State Office of Administrative Hearings. During winter break of the 2014-2015 school year, Ms. Roland took a vacation to Colorado. While in Colorado, she admits she consumed an edible cannabis product. Roland then returned to Texas to continue teaching for the spring term. Following accusations of marijuana use, she resigned from her teaching position in February 2015.
According to court documents, a disgruntled co-worker had notified theschool administration by email that a number of school employees used cocaine, marijuana and other substances. Though Roland was not directly named in the email, she was implicated in the matter. In an interview with authorities, Roland stated she had previously used cannabis occasionally but had resolved to stop using cannabis and get her life together for the new year. She denied any use of drugs or alcohol on school premises or during the time she was working. Roland was then given both a follicle and urine drug test. She passed the urinary analysis, but there was evidence of cannabis in her hair sample.
This matter was brought before an administrative law judge charged by the Texas State Office of Administrative Hearings. The judge considered whether there was evidence that Roland had violated Texas law and whether she was unworthy to instruct and supervise youth. The judge did not conclude that Roland had violated any law. The judges determination was based on the determination that there was no evidence that Roland possessed or used cannabis in the state of Texas. It is crucial to note that the judge observed the plaintiff did not allege any violation of federal law. Had the plaintiff made such an allegation, the outcome may have been totally different as cannabis is clearly federally illegal.
The judge also considered whether Roland had violated district policies related to employees being under the influence of a controlled substance during working hours. Again, the judge concluded in ...
