For over 10 years, Oregon employers have been waiting for an answer to the question of whether they must accommodate a disabled worker’s use of medical marijuana. The Oregon Supreme Court’s April 14 decision in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries answers that question with a resounding NO.
Emerald Steel terminated a temporary employee who, during the process of seeking permanent employment, disclosed that he used medical marijuana two to three times a day. The company said it didn’t have to accommodate a claimed disability by allowing the employee to use illegal drugs. It argued that position unsuccessfully before the Oregon Bureau of Labor and Industries and the Oregon Court of Appeals.
The Oregon Supreme Court, however, was more receptive to Emerald Steel’s arguments. After a lengthy analysis, the court held that the Supremacy Clause of the U.S. Constitution required that federal law — the Controlled Substances Act — preempt the portion of Oregon law authorizing the use of medical marijuana. Therefore, the employee was engaged in the illegal use of drugs. Under Oregon disability law, Emerald Steel had no obligation to accommodate the illegal use of drugs. Terminating the employee because he used marijuana didn’t violate Oregon disability law.
Oregon employers with drug policies now know that they can enforce those policies even when an employee flashes a medical marijuana card. An employee who uses medical marijuana is subject to the same treatment you would give to any other employee who used any other illegal drug.
Find more detailed information on this ruling in an upcoming issue of Oregon Employment Law Letter.
The difference amongst amateur consumption and medical employment of marijuana begs to be acknowledged. Even though I think that a responsible adult should have the right to use marijuana recreationally, I do believe, without doubt, allowing for an ill person use of a plant with a long history of medical value had better be accepted and legal. Cannabis has a enormous potential as a medicine and more awareness and acceptance is needed. In Summary, legalize it!