Seeing through the Smoke

Clarity on the Marijuana Update

With recreational marijuana use becoming legal in Oregon as of July 1, 2015 the question of how this will affect employers is on the minds of many.

And our answer for employers is, not much.

Nothing needs to change regarding your DRUG TESTING and hiring policies – unless you choose to ease up your testing standards.

The Colorado Supreme Court has made up their mind regarding the question of “can an employer terminate employees for off-duty pot use?” And they say, “Yes, you sure can.” Even employees with medical marijuana cards can be terminated for failing company-required drug tests.

We addressed the question “should you still drug test?” on our blog in an article dated November 7, 2014 and the recent ruling by the Colorado Supreme Court has upheld that same opinion. While the Colorado Supreme Court decision is not binding in Oregon it does set a precedent to draw from should the Oregon Supreme Court take up a similar case.