Oregon

Medical Use

Legalized - 1998 (Oregon Medical Marijuana Act)

Recreational Use

Legalized - 2014 (Measure 19)

Possession/Personal Use Specifics

Adults 21+ in Oregon can possess up to 8 ounces of marijuana at home and 2 ounces outside, but public consumption and possession over certain limits carry fines or potential jail time.

Recreational marijuana cannot be used in public, even by those of legal age. Employers and landlords retain the right to restrict use, even by those of legal age.

State Regulatory Agency

Oregon Liquor and Cannabis Commission1 (OLCC)

State Forms (If Applicable)

None Specified

General Information

While Oregon offers limited legal protections for employees regarding drug testing, employers remain largely free to conduct tests, including for marijuana, though they must consider federal disability discrimination laws and follow reasonable testing procedures.

Remember, establishing robust documentation is a key risk mitigant for employers in states like Oregon.

Safety-Sensitive Positions

Oregon doesn't have a specific list but considers positions "safety-sensitive" if negligence could cause serious harm to people or property.

Privacy Laws

While Oregon lacks specific laws restricting employer drug testing, employers must act cautiously to avoid infringing on common-law privacy rights. This includes obtaining consent or reasonable suspicion for alcohol tests, and conducting tests with a clear policy and procedures to minimize privacy invasions.

Does the state have recommended procedures?

It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.

In Oregon, private employers have broad freedom to conduct drug testing on employees and applicants, even for marijuana use. However, this freedom isn't absolute. Employers must adhere to federal laws like the Americans with Disabilities Act, which protects qualified individuals with disabilities from discrimination based on medical marijuana use.

State Employee Procedures and Policies

Though Oregon doesn't have a unified Drug-Free Workplace program for state employees like some federal agencies, multiple regulations ensure drug-free work environments. Agencies receiving federal funding must comply with the Federal Drug-Free Workplace Act, while Oregon state law (ORS 352.008) specifically prohibits unlawful drug use in the workplace.

Is Oregon a "Right to Weed State"?

There are no laws that address drug testing of employees in the private employment sector in Oregon.

More Detailed Information

Oregon Drug Free Workplace FAQs

Testing Policy Requirements

Oregon Drug Testing Laws

Main Requirement

While the federal policy applies to certain entities receiving federal funding and engaging in federal contracts, it does not directly govern all Oregon state employees and employers. It's crucial to understand that various regulations ensure drug-free environments for state employees such as prohibiting unlawful drug use and possession in state workplaces as well as addressing substance abuse and related actions for relevant employees.