A business can fire workers who test positive for marijuana use despite their having a medical marijuana card, the Oregon Supreme Court ruled Thursday.
In a 5-2 decision, the court majority said that the state law voters approved in 1998 does not override a federal law that classifies marijuana as a drug with no medicinal uses.
"Because employee did not take marijuana under supervision of a licensed health care professional and because the authorization to use marijuana found (in state law) is unenforceable, it follows that employee was currently engaged in the illegal use of drugs," said the majority opinion written by Justice Rives Kistler.
The opinion did not strike down the 1998 law, which shields the possession, growing and distribution of specified amounts of medical marijuana from state criminal liability. Lawmakers have revised it a couple of times.
The Controlled Substances Act does impose federal criminal liability, but Attorney General Eric Holder announced last year that the U.S. Justice Department would limit prosecution and not pursue raids on medical-marijuana clubs in California. The Oregon law, unlike California's, does not permit the sale of marijuana for medical purposes.
The decision was praised by Associated Oregon Industries, the state's largest business-lobbying organization, which filed a friend-of-the-court brief in support of the business involved.
"The decision now means that employers can be assured that they can consistently enforce their zero-tolerance drug policies," AOI said in a statement.
But Labor Commissioner Brad Avakian said the decision appears to undercut the 1998 law.
"The immediate impact of the Supreme Court's decision is to remove the employment protection that medical marijuana users had under Oregon's disability law," said Avakian, whose Bureau of Labor and Industries enforces labor laws. "BOLI will no longer be able to enforce employment protection under state disability law for medical marijuana users."
The Department of Human Services, which issues medical marijuana cards, said the decision affects only employers and employees.
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