Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other hand, may find themselves in a sticky (icky) situation trying to comply with the proposed law, which, at first glance, seems straightforward, but would present significant challenges if passed.
SB 301 does not protect marijuana use specifically. In fact, the bill doesn’t use the word marijuana or cannabis. Instead, the text would prohibit employers from requiring, “as a condition of employment, that any employee or prospective employee refrain from using a substance that is lawful to use under the laws of this state.” Lawful substances in Oregon include, of course, marijuana (medicinal and recreational). In sum, the proposed law simply considers marijuana to be like alcohol. This seems simple on its face, but complying with the proposed law would pose serious challenges for employers.
Employees should note that there are a still few exceptions under which employers could take action against employees.
Learn about Pre-Employment’s Drug Screening services here.
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