Home

Oregon Supreme Court Sides With Employer in Pot Ruling
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

marijuana, potIn what one legal expert called “a shot across the bow” of medical marijuana supporters, the Oregon Supreme Court ruled Thursday that an employee could be fired for drug use even if holding a state-issued medical marijuana card.

In its 5-2 ruling, the Oregon Supreme Court based the decision on the fact state law is trumped by federal law, which lists marijuana as an illegal drug.

Justice Rives Kistler wrote the majority opinion. In it, he declared “state law does not require an employer to accommodate an employee’s use of marijuana to treat a disabling medical condition.”

  
What
Where


Then it notes, “the federal Controlled Substances Act prohibits the possession of marijuana without regard to whether it is used for medicinal purposes.”

The ruling overturns an earlier decision by the Bureau of Labor and Industries, the Oregonian reports. The state bureau had ruled in favor of a worker who was fired after notifying his employer that he used medical marijuana prior to a scheduled drug test.  A discrimination suit followed, claiming Emerald Steel Fabricators failed to make reasonable accommodations for the workers disability.

While employers’ organizations, such as Associated Oregon Industries, praising the move, the Bureau of Labor and Industries stood by its decision. Its chief, Brad Avakian, said the decision “seriously undercuts” the states medical marijuana act, which was approved by voters in 1998.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Litigation Paralegal

USA-KS-Olathe

"Make a living, not a life." At Kraft Law, we believe that people should show up to work, work hard,...

Apply now

Civil Litigation Attorney

USA-MO-Saint Louis

Keane Law LLC is hiring a civil litigation attorney. The candidate must have excellent research and ...

Apply now

Associate Attorney / Equity Shareholder Opportunity

USA-IA-Crawfordsville

Well-established, general practice law firm in Crawfordsville is looking for an attorney with 0-10 p...

Apply now

Family Law Attorney

USA-CA-San Diego

Fast growing family law firm has an immediate need for a full-time Associate Attorney. We are a s...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Family Law Associate Attorney

USA-TX-Austin

Austin office of our client seeks family law associate attorney with 3+ years of courtroom experienc...

Apply Now

Civil Litigation Associate Attorney

USA-TX-Austin

Austin office of our client seeks associate attorney with 5+ years of civil litigation experience. T...

Apply Now

Family Law Associate Attorney

USA-CO-Greenwood Village

Greenwood Village office of a BCG Attorney Search Top Ranked Law Firm seeks family law associate att...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top