Yesterday, Oregon legalized recreational use of marijuana. This change in the law does not mean much for employers. As the Oregonian explained: “Measure 91 does not change Oregon employment law. Employers may mandate drug testing and require employees to follow drug-free workplace policies.”
Marijuana continues to be illegal under federal law, and unless and until it is legalized by the U.S. Government, employers can prohibit drug use and discipline employees who test positive for any detectable amount of marijuana (or other illegal drugs).
We anticipate guidance from BOLI on this subject and will post as we get more information and insight from BOLI (and any other Oregon governmental agency that weighs in).