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High Five
Friday, April 16, 2010

In a 5-2 decision, the Oregon Supreme Court rules that workers who test positive for marijuana can be fired, even if they have a medical marijuana card.

While voters approved a state law in 1998 that provides some protections for medical marijuana use, the court said it does not override a federal law that says marijuana is a drug with no medicinal uses.

"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," said the majority opinion written by Justice Rives Kistler.

The opinion did not strike down the 1998 law, which shields the possession, growing and distribution of specified amounts of medical marijuana from state criminal liability. Lawmakers have revised it a couple of times.

Read the full story at the Statesman Journal.

 
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