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Oregon Rules For Employers In Case of Positive Marijuana Drug Test Despite Medical Marijuana Card

The Oregon Supreme Court ruled that employers can fire employees whose drug test comes back positive for marijuana even if the employee has a medical marijuana card. The decision is based on a 1998 state law that gives way to federal law in the case of marijuana. The gist of the Federal law is that marijuana is an illegal drug and it has no medicinal purpose.

State Justice Rives Kistler stated, "Because employee did not take marijuana under supervision of a licensed health care professional and because the authorization to use marijuana found (in state law) is unenforceable, it follows that employee was currently engaged in the illegal use of drugs."

Medical Marijuana being legal in 13 States and a half dozen more considering the issue. The Supreme Court has studied the issue twice, once in 2003 when they ruled in favor of the employer by stating that in states with medical marijuana laws, an employer can refuse to accept medical marijuana as a reasonable explanation for a positive drug test. In 2005 they solidified their support by ruling hat the federal government may enforce the Controlled Substances Act's prohibition on medical marijuana against those who use the drug under state laws.

Pittsburgh drug testing firm Mobile Medical Corporation (MMC) can help you with all of your substance abuse testing needs. MMC works closely with all clients to establish affordable and focused drug testing protocols that comply with both the Department of Transportation (DOT) and Non-Federal testing programs.


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