Columbia Forest Products fired mill worker Robert Washburn in 2001 when he failed to produce a urine sample showing he had not used marijuana during the past few weeks. Washburn has been legally using medical marijuana under state law since 1999 to ease muscle spasms. He sued the company, saying that Columbia failed to accommodate his disability.

Oregon law states that employers have to reasonably accommodate workers' disabilities; Washburn's attorney said Columbia could do so by changing its drug policy. Company lawyers argue that disability law does not extend to use of controlled substances.

But the Oregon Bureau of Labor and Industries has previously held that allowing medical-marijuana use could be a reasonable accommodation made by employers. In a recent case involving a drill-press worker who uses medical-marijuana, the board ordered the employer to pay $28,000 in back pay and for emotional distress after the worker was denied a permanent position when he revealed his medical-marijuana use.

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