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Oregon Senate Passes Bill Allowing Employers to Fire Medical-Marijuana Users
March 16, 2007

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News Summary

Oregon workers who fail drug tests because they are medical users of marijuana could be fired from their jobs under a bill passed this week by the state Senate, the Associated Press reported March 15.

The measure would shield employers from lawsuits stemming from such firings. "I believe this is good policy for our state, and it is strongly supported by both labor and management," said bill sponsor Sen. Rick Metsger (D-Welches).

Experts say that of the 12 states with medical-marijuana laws on the books, only California and Montana explicitly protect users from being fired or disciplined for using the drug medically.

Opponents of the Oregon bill, including current medical-marijuana users, pointed out that drug tests for marijuana can't determine impairment, only use within the previous few weeks. State Sen. Floyd Prozanski called the measure "a very broad sweep at dealing with an issue that is going to discriminate against individuals who have not violated the intent of the safe workplace ... They are not impaired, they are not under the influence while they are at work."

Prozanski said he would work with House members to amend the bill so it doesn't apply to legal participants in the state's medical-marijuana program.

The Oregon Supreme Court last year ruled against a registered medical-marijuana user who was fired from his job after a drug test, but based the ruling on the court's contention that the worker was not legally disabled. 

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