Labor & Employment Law

Employers win medical marijuana case

"We ... hold that, under Oregon's employment discrimination laws, [the] employer was not required to accommodate [the] employee's use of medical marijuana."

Today, the Oregon Supreme Court resolved a question that has had Oregon lawyers wondering.

Oregon has a medical marijuana statute that decriminalizes the use of marijuana for medical purposes, when prescribed by a physician.

On the other hand, some employers have a zero tolerance policy that provides for discharge for using marijuana, even if off-work, even if for medical purposes.

Now the Oregon Supreme Court has decided that the employers win.

The court found that the federal Controlled Substances Act preempted a portion of the state statute, that the employee was currently engaged in the illegal use of drugs, and the employer discharged him for that reason.

Emerald Steel Fabricators v. Bureau of Lab & Ind (Oregon 04/15/2010)

Full post as published by Ross' Employment Law Blog on April 15, 2010 (boomark / email).