Loading

Marijuana Considerations & Laws In Oregon

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.


Read more employment specific information on:

Employer Concerns

  • 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.
  • “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 an employer’s drug testing operations.
  • 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.

Miscellaneous


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
  • https://www.oregon.gov/odot/dmv/docs/vcb813.pdf – Driving under the influence

Download Our PDF File

Download PDF

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).

Back to Map