Oregon - Considerations for Marijuana in the Workplace

Last Update on June 23, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

Nothing is the law requires accommodation in the workplace.
Case decision: If using medical marijuana helps an individual mitigate the effects of a health condition, he is no longer hindered by that condition and therefore it is not a disability and thereby disability laws offer no protection.
Medical marijuana: Employers may fire or discipline employees for testing positive for marijuana, even if the use was off duty and with a valid medical marijuana card.
Recreational marijuana: The law imposes no restrictions on employers.
There are two laboratory-related laws that can impact if an employer’s going to do drug testing. Some of the specifics are concerned with the application of instant tests.
“Controlled substance” defined in Oregon’s unemployment law (ORS 475.005), “Means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act…” and (ORS 475.035), “If a substance is an ingredient of a controlled substance, the ingredient shall be considered to be in the same schedule as that controlled substance…”
“Under the influence” is defined in Oregon’s unemployment law as (ORS 657.176(13)), “…when the level of … marijuana or unlawful drugs present in the individual’s body exceeds the amount … prescribed in the employer’s reasonable written policy…”.

Testing

Hiring/Termination

Medical marijuana: Employers may fire or discipline employees for testing positive for marijuana, even if the use was off duty and with a valid medical marijuana card.

Recreational marijuana: The law imposes no restrictions on employers.

Discipline

Medical marijuana: Employers may fire or discipline employees for testing positive for marijuana, even if the use was off duty and with a valid medical marijuana card.

Recreational marijuana: The law imposes no restrictions on employers.

Use/Possession

Smoking is permitted.

Can legally consume medical marijuana on private property – no public consumption.

Recreational consumption prohibited in public places including bars, restaurants, in a parked car in public view or for the driver or passenger in a motor vehicle.

Prohibited for driver or passenger of a motor vehicle.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

There are two laboratory-related laws that can impact if an employer’s going to do drug testing. Some of the specifics are concerned with the application of instant tests.
There is an unemployment related voluntary law with drug testing requirements. Although not required, this statute provides greater latitude for an employer to deny unemployment claims. For example, the employee is disqualified from benefits if he or she doesn’t comply with a reasonable written policy that addresses employee use, sale, possession or effects of drugs in the workplace. It also addresses last chance agreements and compliant participation in a rehabilitation program.
Workers’ compensation claim denial – An injury is not compensable if the major contributing cause is proven by a preponderance of evidence to be the employee’s unlawful consumption of a controlled substance unless the employer permitted, encouraged or had actual knowledge of the consumption.
Employees subject to DOT mandatory testing rules will have their positive test results forwarded to Oregon’s DMV State agency to be released to employers only with a signed release.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Oregon Rev. Stat. 475B et al. – Medical marijuana
Washburn v Columbia Forest Products, Inc. (2006) SC S52254 – Medical marijuana related
Oregon Rev. Stat. 475B et al. – Recreational marijuana
Oregon Rev. Stat. 438.010, Oregon Rev. Stat. 438.435 – Drug testing related
Oregon Rev. Stat. 657.176(13) – Unemployment related
Oregon Rev. Stat. 656.005(7)(b)(C) – Workers’ compensation related

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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Drug Testing Laws for Oregon

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Oregon - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Oregon

Drug Testing Laws for Oregon

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

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Oregon - Considerations for Marijuana in the Workplace

MedicalMarijuana Law:

RecreationalMarijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Oregon

Drug Testing Laws for Oregon

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Medical
Marijuana Law:

Recreational
Marijuana Law: