Oregon's Medical Marijuana Law Could Present Problems For Workers, Employers

Portland, OR -- A new Oregon law allows the use of marijuana for medical purposes, but some workers could find themselves unemployed if they use the drug for any purpose.

For example, commercial drivers who test positive for marijuana, whether using it for medical reasons or not, will be pulled off the road, said Paula Barran, an attorney who specializes in labor law.

Under federal law, the 108,000 Oregonians who hold commercial driver's licenses are subject to random tests for drug and alcohol use, as well as tests after accidents or when a supervisor has a reasonable suspicion of drug use.

Also, federal law requires random drug testing of people who hold "safety-sensitive" jobs in aviation, rail transport, pipelines and the commercial marine industry.

Oregon's new law, passed by voters in November, permits people with a wide range of illnesses to use medicinal marijuana. Washington voters passed a similar law in November.

Tests for marijuana use can pick up traces of the drug for up to a month after use.

"Nobody was focusing on this when the initiative was being debated," Barran said. The measure "was promoted as a measure for people who are terminally ill."

"But a lot of folks who are going to be using medical marijuana will be holding down jobs - people who use it for chemotherapy. People who have multiple sclerosis are employed. It's not just allowable for last stages of disease where death is imminent."

One concerned employer is the Port of Portland.

"We're in the question-asking phase," said Aaron Ellis, port spokesman. "What are the impacts with the state law and how would they impact the federal drug-testing programs for the Coast Guard?

"We have 100 people who have a CDL (commercial driver's license) or are certified under Coast Guard provisions. We're trying to figure out how these people would be affected."

"The medicinal marijuana issue could cause dissension in the workplace," said Judith Clark, president of H.R. Northwest, the largest independent human-resources consulting firm in the Northwest.

"There are a lot of folks who are opposed to medical marijuana on moral grounds," she said. "I can't think of many other things an employer can do that has the ability to generate as high an emotional response."

Copyright 1998 The Seattle Times Company

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