Medical marijuana work ruling issued
From our weekly issue dated April 21, 2010
Medical marijuana advocates suffered a pair of setbacks last week, as separate court decisions spelled out clear limits for the program approved by voters in 1998.
On Thursday, April 15, the Oregon Supreme Court overturned a previous Court of Appeals ruling in the case of Emerald Steel Fabricators Inc. vs. the Bureau of Labor & Industries (BOLI).
“The decision now means that employers can be assured that they can consistently enforce their zero tolerance drug policies without regard to an employee“s medical marijuana registry status,“ stated Associated Oregon Industries (AOI).
The Emerald case stemmed from the termination of Anthony Scevers from his job as a steel press operator, according to AOI. Scevers held a medical marijuana card and used the drug up to three times per day, AOI said.
Upon termination, Scevers filed a charge with BOLI, AOI said, alleging discrimination due to disability and the company“s failure to accommodate him. BOLI issued an order in Scevers“ favor and the Court of Appeals agreed in a June 2008 ruling.
AOI characterized the ruling as a “fairly technical opinion that focused more on procedural issues than it did on the underlying issue of drug use in the workplace.
“However, the decision gave comfort to medical marijuana advocates and left most employers in a state of confusion, unsure about the legal boundaries and what was permitted in the workplace,“ AOI said.
AOI filed a brief of the court brief as the case made its way to the state Supreme Court. In a 5-2 opinion, that court reversed the lower court“s decision, and ruled that although medical marijuana still is excluded from state criminal statutes, it is an illegal drug under federal law.
“Therefore, no employer could be forced to accommodate the use of an illegal substance because state disability discrimination law specifically says that illegal drug users are not protected by the statute,“ AOI said.
In light of the ruling, AOI said that “employers should feel free to consistently apply zero-tolerance policies, consistently disciplining those who violate the policy and refusing to hire those applicants who fail drug screens.“
AOI recommends that such policies be issued in writing to applicants and employees.
J.L. Wilson, AOI“s vice president, said that the organization has tried to address the issue of what he characterizes as “forced accommodation“ to the state“s lawmakers on multiple occasions.
“We“ve made that exact argument in front of the Legislature for three consecutive sessions, and they absolutely botched it,“ Wilson said. “It took the Supreme Court to finally inject common sense into this.“
The Oregon Court of Appeals also ruled last week to uphold the conviction of a California man who argued that his physician from that state had authorized his use of medical marijuana. The patient, stopped for speeding near Portland in November 2006 while taking a friend from California to Washington, was arrested for having more than 2 pounds of marijuana in his car.
However, legal battles regarding medical marijuana are far from over. Efforts are under way to put a measure on the November ballot to further expand access to the medical marijuana program.
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