Skip to main content

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.


Contact Us Today!
888-662-8358

Popular posts from this blog

Synthetic Marijuana Making Local and National Headlines

Synthetic Marijuana, also known as "K-2" or "Spice" is a mixture of common herbs sprayed with synthetic chemicals that mirror the high of Marijuana. The synthetic product is sold as incense in head shops, tobacco stores and convenient stores. So far, twelve states have banned the sale of Synthetic Marijuana - (Kansas, Georgia, Alabama, Tennessee, Missouri, Louisiana, Mississippi, Arkansas, Oregon, Illinois, Michigan, and Kentucky). The American Association of Poison Control Centers reported that within the past year there have been over 500 cases of negative reactions to the still legal yet dangerous drug. On the national level the U.S. Drug Enforcement Administration (DEA) recently designated certain chemicals that are present within Synthetic Marijuana to the same category that heroin and LSD are part of and further emphasizes the need to be able to test blood and urine for Synthetic Marijuana use. On the local level- The Herald Online reported that Fort Mill,...

PHOTOS: MMC Through the Years

Mobile Medical Corporation (MMC) is excited to be celebrating our 30th Anniversary in 2020! MMC was founded on June 21, 1990. Check out some photos as we have grown over the years!            
Research on Marijuana’s Role in Car Crashes Expands as Drug Availability Grows /By Join Together Staff June 10th, 2014/ As marijuana becomes more readily available, a growing number of researchers are studying the possible link between marijuana and fatal car crashes, USA Today reports. A study published earlier this year by Columbia University researchers found marijuana contributed to 12 percent of traffic deaths in 2010. The study of almost 24,000 fatal car accidents found marijuana was linked to three times as many traffic deaths compared with a decade earlier. According to a 2010 survey by the National Highway Traffic Safety Administration (NHTSA), one in eight high school seniors said they drove after smoking marijuana. Almost one-quarter of drivers killed in drug-related crashes were younger than 25, the article notes. In addition, almost half of fatally injured drivers who tested positive for marijuana were under age 25. The National Institute on Drug Abuse (NIDA) and NHTSA...