2009 Legislature

EMPLOYERS CAUGHT IN MIDDLE OF POT LAWS

State And Federal Statutes Differ, Make Compliance Difficult

Oregon employers are telling lawmakers that medical marijuana puts
them in a tough spot between conflicting state and federal laws.

The Daily Journal of Commerce reported that a lobbyist for one of the
largest trade groups in the state told the Oregon House Business and
Labor Committee last week the conflict makes it nearly impossible for
employers to comply.

"We believe employers are caught in the crosshairs of state and
federal laws," said Gary Conklin of Associated General Contractors of Oregon.

When Oregon voters in 1998 decided to legalize marijuana for medical
purposes, it was in defiance of federal drug laws.

Marijuana remains illegal under the U.S. Controlled Substances Act,
which was upheld in 2005 by the U.S. Supreme Court.

As a result, Oregon walks a legal tightrope. State authorities don't
prosecute people for medical marijuana use, but they stay out of the
way if federal authorities decide to bust patients or caregivers
under federal drug laws.

But Conklin says employers can't perform that kind of balancing act.

The federal Drug Free Workplace Act of 1988 requires many federal
contractors and all recipients of federal grants to agree they will
abide by federal law.

But it's next to impossible to comply with federal regulations while
honoring Oregon's medical marijuana law, Conklin said.

The issue may be partly resolved with the announcement this past week
by U.S. Attorney General Eric Holder that federal agents will target
marijuana distributors only when they violate both federal and state laws.

State Rep. Bruce Hanna, R-Roseburg, says employers still need
protection. He has sponsored the legislation that enables them to
fire or punish workers who use medical marijuana to the extent that
it threatens safety or productivity.

His bill also states that employers don't have to do anything to
accommodate medical marijuana users. "Medical marijuana is the
leading threat to workplace safety in Oregon," Hanna said.

But workplace accidents in Oregon have decreased since the medical
marijuana law passed in 1998, said marijuana activist Larry Funk

Oregon employers are telling lawmakers that medical marijuana puts
them in a tough spot between conflicting state and federal laws. Advertisement

The Daily Journal of Commerce reported that a lobbyist for one of the
largest trade groups in the state told the Oregon House Business and
Labor Committee last week the conflict makes it nearly impossible for
employers to comply.

"We believe employers are caught in the crosshairs of state and
federal laws," said Gary Conklin of Associated General Contractors of Oregon.

When Oregon voters in 1998 decided to legalize marijuana for medical
purposes, it was in defiance of federal drug laws.

Marijuana remains illegal under the U.S. Controlled Substances Act,
which was upheld in 2005 by the U.S. Supreme Court.

As a result, Oregon walks a legal tightrope. State authorities don't
prosecute people for medical marijuana use, but they stay out of the
way if federal authorities decide to bust patients or caregivers
under federal drug laws.

But Conklin says employers can't perform that kind of balancing act.

The federal Drug Free Workplace Act of 1988 requires many federal
contractors and all recipients of federal grants to agree they will
abide by federal law.

But it's next to impossible to comply with federal regulations while
honoring Oregon's medical marijuana law, Conklin said.

The issue may be partly resolved with the announcement this past week
by U.S. Attorney General Eric Holder that federal agents will target
marijuana distributors only when they violate both federal and state laws.

State Rep. Bruce Hanna, R-Roseburg, says employers still need
protection. He has sponsored the legislation that enables them to
fire or punish workers who use medical marijuana to the extent that
it threatens safety or productivity.

His bill also states that employers don't have to do anything to
accommodate medical marijuana users. "Medical marijuana is the
leading threat to workplace safety in Oregon," Hanna said.

But workplace accidents in Oregon have decreased since the medical
marijuana law passed in 1998, said marijuana activist Larry Funk