A Measured Response to Measure 91

Employers in Oregon are likely asking themselves: “How will the legalization of marijuana affect my workplace?” If Measure 91 passes, employers will still be able to prohibit employees from possessing or using marijuana while at work, but you can also prohibit employees from having any detectable amount of marijuana present in their system.   Many workplace policies just prohibit employees from being “impaired” or “under the influence.”  However, it can be difficult to prove that an employee is impaired.

Another method for preventing the presence of marijuana in the workplace is to make sure that your policy requires employees to comply with state and federal laws regarding drugs and alcohol.   As long as marijuana continues to be an unlawful drug under federal law, this allows employers to prohibit employees from having it in their system even when they have a prescription for medical marijuana.  An employer may need to consider other temporary accommodations for these employees, for example a leave of absence while an employee transitions to another medication.

For more information about drafting an appropriate drug and alcohol policy, please contact any of our attorneys.

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