Medical Marijuana Use Not Subject to Accommodation Requirement

Despite the fact that Oregon law allows for the use of medical marijuana, Oregon employers do not have to accommodate an employee’s use of medical marijuana. In Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries, an employer discharged a forklift operator because he used marijuana for a medical problem and the employee sued under Oregon’s disability and discrimination laws. The employee held a registry identification card under the Oregon Medical Marijuana Act. That Act allows a person to engage in the medical use of marijuana if a physician states that the person has a debilitating medical condition for which marijuana may mitigate the symptoms or effects of that condition. The Oregon Supreme Court decided that the federal Controlled Substance Law, which illegalizes the use of marijuana, preempts the Oregon law. Consequently, the Court stated that the employee was using illegal drugs and did not qualify for protection under Oregon’s disability and discrimination laws.