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!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-Level Commercial Business Litigator

USA-CA-Los Angeles

Los Angeles office is seeking a commercial business litigation attorney with 2-5 years of experience...

Apply Now

Senior Level Litigator

USA-CA-Woodland Hills

Woodland Hills office is seeking a litigation attorney with 5-7 years of experience and a background...

Apply Now

Litigation Associate Attorney

USA-CT-Stamford

Stamford office of our client seeks litigation associate attorney with 3+ years of experience. The c...

Apply Now

Experienced Estate Planning Attorney

USA-CA-Torrance

Torrance office is seeking an estate planning attorney with 7-10 years of experience.

Apply Now

RELEVANT JOBS

Attorney

USA-WA-Woodinville

The ideal candidate will have 2-3 years’ experience as an attorney, who is passionate about br...

Apply now

Legal Secretary / Paralegal

USA-UT-Ogden

Have need of a legal secretary / paralegal to prepare legal documents for court filing and estate pl...

Apply now

Medical Malpractice Associate

USA-CA-Los Angeles

Downtown Los Angeles medical malpractice defense firm seeks 2-4 year associate attorney with persona...

Apply now

Immigration Attorney

USA-CA-Anaheim

Responsibilities: Make appearances in immigration court at Master Calendars and Individual Hea...

Apply now

SEARCH IN ARCHIVE

To Top