Ore. Supreme Court Rules Company Can Fire Worker for Using Medical Pot
The Oregon Supreme Court has ruled that a company did not violate state discrimination laws when it fired a drill press operator who was using medical marijuana to ease his nausea and panic attacks.
Business groups applauded the decision, according to the Associated Press and the Oregonian.
Justice Rives Kistler wrote in his majority opinion that the state’s medical marijuana law protects users from state criminal prosecution, but does not protect them from firing. The drug use was illegal under federal law, and it pre-empts provisions of the state medical marijuana law, Kistler wrote in the 5-2 opinion.
“Whatever the wisdom of Congress’ policy choice to categorize marijuana as a Schedule I drug, the supremacy clause requires that we respect that choice when, as in this case, state law stands as an obstacle to the accomplishment of the full purposes of the federal law,” Kistler wrote.
Willamette University law professor Keith Cunningham-Parmete said the court’s pre-emption holding went further than needed to resolve the discrimination issue. “I think this is a shot across the bow to supporters of medical marijuana or expanded legalization movements in Oregon or in other states,” he told AP.
