Oregon's Marijuana Laws in the Workplace
Employers in Oregon have the right to enforce drug-free workplace policies. They can still take disciplinary actions, including termination, against employees who test positive for marijuana, even if it is used for medical reasons.
In Oregon, the Oregon Medical Marijuana Act (OMMA) allows patients with valid medical marijuana prescriptions to use and possess marijuana for medical purposes. However, there are no specific laws that protect employees with marijuana prescriptions from employment discrimination. [1]
In 2010, the Oregon Supreme Court ruled that employers are not required to accommodate medical marijuana use in the workplace, and that employers have the right to enforce drug-free workplace policies. [1]
However, there have been ongoing discussions and proposed legislation in Oregon regarding employment protections for medical marijuana users, but as of now, employees with medical marijuana prescriptions are not explicitly protected from employment discrimination.
Explaining Medical Marijuana Laws in Oregon
In Oregon, marijuana laws allow individuals with qualifying medical conditions to use marijuana for medicinal purposes. The use of medical marijuana for the following medical conditions under the recommendation of attending physicians is legal in Oregon: [2]
- Cancer
- Cachexia
- Glaucoma
- HIV/AIDS
- Persistent muscle spasm
- Post-traumatic stress disorder (PTSD)
- Degenerative neurological condition
- Severe pain
- Severe nausea
- Seizures caused by epilepsy
However, there are regulations and limitations in place for employers and employees. Employers have the right to establish workplace policies regarding marijuana use and can prohibit employees from being under the influence of marijuana while on the job.
Currently, employers in Oregon have the right to terminate employees for off-work marijuana use, regardless of whether the individual is a marijuana medical cardholder. [1] However, a proposed bill aims to change this by prohibiting discrimination against employees for off-duty marijuana use as long as it does not impair job performance.
Challenges arise from the conflict between state and federal-level laws regarding marijuana use in the workplace. While Oregon allows marijuana use for medication purposes, marijuana is still classified as a Schedule I controlled substance under federal law. [3] It creates uncertainty for employers and employees in navigating the legal landscape surrounding marijuana in the workplace.
Impact of Oregon's 'At Will Employment' on Medical Marijuana Patients in the Workplace
Under Oregon laws, the employer and the employee can end the employment relationship without giving notice or providing a reason. In general, at-will employment means Oregon employers have the discretion to terminate an employee at any time and for any reason unless there is an employment contract or law specifying otherwise. [4]
In Oregon’s at-will employment system, marijuana patients in the workplace may be at risk of losing their jobs if their employer has policies prohibiting marijuana use.
The Oregon Medical Marijuana Act provides some protections for medical marijuana patients, and employers are required to make reasonable accommodations for employees who are registered medical marijuana users. However, it does not prevent an employer from disciplining or terminating an employee for using medical marijuana in the workplace or being under the influence during work hours.
The Rights and Protections Afforded to Medical Marijuana Patients in Oregon State
In Oregon, medical marijuana patients are protected under state law from discrimination in employment, housing, and child custody proceedings. Employers are not allowed to terminate or refuse to hire an individual based on their status as a medical marijuana patient as long as the individual does not use marijuana at the workplace or during hours of employment. Medical patients are also permitted to use medical marijuana on-site at work if they have a valid medical card.
The protections for medical marijuana patients in Oregon differ from other states in that employees are not explicitly protected from discrimination or adverse employment actions due to their status as medical marijuana patients.
Employer Drug Testing Laws in Oregon
The medical and recreational adult use of marijuana is fully legal in Oregon. However, employers are permitted to conduct drug tests and use positive results as grounds for action if their workplace policy prohibits marijuana use, similar to recreational marijuana.
However, these policies must comply with the state’s laws and regulations to protect the rights and privacy of employees. Employers must also be aware of the specific guidelines and limitations set by Oregon’s drug testing laws to avoid potential legal issues.
The drug testing laws in Oregon include obtaining consent from employees, paying for the test by the employer, following proper procedures for testing, providing support for employees who may test positive, and more. [5]
Employment Protections for Medical Marijuana Users in Oregon
Oregon’s medical marijuana program allows individuals with qualifying medical conditions to use cannabis for therapeutic purposes upon obtaining a medical marijuana card. However, the state does not provide explicit employment protections for medical marijuana users in the private sector.
Private employers in Oregon reserve the right to enforce drug-free workplace policies and maintain a drug-free environment. It means that even if an employee holds a valid medical marijuana card, they can still be subject to disciplinary action, including termination, for using marijuana, especially if it violates company policies or impairs job performance.
Moreover, federal law classifies marijuana as a Schedule I controlled substance, which means that it is illegal under federal law regardless of state regulations. [3] It creates a legal grey area for Oregon employers subject to federal regulations, particularly those in industries regulated by federal agencies such as transportation, healthcare, and government contracts.
FAQs
Oregon follows the Drug-Free Workplace Act of 1988. If an employee is involved in marijuana use or behavior at work and gets convicted of a drug offense, they need to tell their employer within five days. The employee could face disciplinary action, including being fired, depending on the situation. [6]
Yes, employers in Oregon have the legal right to develop and enforce their own Drug-Free Workplace and Drug Testing policies. It means they can establish and implement rules and procedures related to the use of drugs, including testing employees for drug use. However, these policies must comply with state and federal laws, and certain protections are in place for medical marijuana users.
The Oregon Medical Marijuana Act (OMMA) does not explicitly address the rights and conditions of employment. While it allows individuals with qualifying medical conditions to use marijuana for therapeutic purposes upon obtaining a medical marijuana card, it does not provide specific protections for marijuana users in the workplace.
Sources:
[1] OREGON’S MARIJUANA LAWS AND THE WORKPLACE. (n.d.). Oregon Labor Law Conference. Retrieved February 8, 2024, from http://www.laborlawconference.com/wp-content/uploads/2017/01/Loney-Final-Oregon-Marijuana-Laws-Workplace-2.pdf
[2] Oregon Health Authority : Attending Providers : Medical Marijuana : State of Oregon. (n.d.). Attending Providers : Oregon Health Authority. https://www.oregon.gov/oha/ph/diseasesconditions/chronicdisease/medicalmarijuanaprogram/pages/physicians.aspx
[3] Oregon Marijuana Laws. (n.d.). Oregon Health Authority. Retrieved February 9, 2024, from https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/HPCDPCONNECTION/Documents/MarijuanaLaws.pdf
[4] BOLI : Employment at will : For Employers : State of Oregon. (n.d.). Employment at Will : BOLI. https://www.oregon.gov/boli/employers/pages/employment-at-will.aspx
[5] Oregon Drug Testing Laws – Workplace Drug Testing. (n.d.). National Drug Screening. https://www.nationaldrugscreening.com/us-state-laws/oregon/
[6] Drug Free Workplace FAQ’s. (n.d.). Department of Administrative Service. Retrieved February 10, 2024, from https://www.oregon.gov/das/Policies/50-000-01.attachment.pdf
