Guardco, a corporation with its principal place of business in Denver, Colorado, manufactures equipment for law enforcement

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Guardco, a corporation with its principal place of business in Denver, Colorado, manufactures equipment for law enforcement officers such as batons, Tasers, and handcuffs. Assume it has adopted the drug-free workplace policy described in the text excerpted above. As you probably know, the citizens of Colorado voted in 2012 to legalize the recreational use of marijuana. Recreational use of the drug is still banned under federal law, even though the U.S. government has refrained from prosecuting users in Colorado after the passage of the referendum. Guardco’s president believes that the company’s customers oppose the recreational use of marijuana, and that it would impair the company’s reputation if it appeared to be “soft” on this issue. The company learns that one of its employees owns a marijuana shop on Federal Boulevard, one of Denver’s major thoroughfares. You’re the general counsel of Guardco. The president asks you what the company should do with respect to this employee. What do you recommend?

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