Oregon’s Marijuana Laws & The Workplace

Effective July 1, 2015, Oregon legalized the limited use, possession, growing, and gifting of recreational marijuana in non-public places, e.g., at home. However, Oregon law (ORS 659A.127) still allows employers to require employees to be free from illegal drug possession, use, and/or influence at the workplace.

Furthermore, under the same law, Oregon employers may require employees to comply with all federal and state statutes and regulations regarding alcohol and the illegal use of drugs. The possession, use, and growing of marijuana remains illegal under current federal law.

Review your Drug Policy. Employers who want to preserve a drug-free workplace should review their current Drug Policy and expressly exclude the use, possession, gifting, and being under the influence of marijuana and marijuana products at the workplace. With the limited legalization of marijuana, policies which simply state, “an employee cannot use, possess, gift, or be under the influence of “illegal” drugs at the workplace,” may not be sufficient to cover marijuana.