Pubdate: Wed, 26 Oct 2005
Source: Albany Democrat-Herald (OR)
Copyright: 2005 Lee Enterprises
Contact: http://www.mvonline.com/support/contact/DHedletters.php
Website: http://www.democratherald.com/
Details: http://www.mapinc.org/media/7
Author: Alex Paul

EMPLOYERS FACE ISSUE OF MEDICAL MARIJUANA

The number of Oregonians carrying a medical marijuana card is growing 
each year and more than ever, employers are finding themselves 
walking a fine line between their companies' drug use policies and Oregon law.

Oregon employers and medical marijuana card holders await a November 
Court of Appeals decision about whether companies must accommodate 
employees with marijuana in their systems. The decision stems from a 
lawsuit brought by a former employee of Columbia Forest Products in 
Klamath Falls.

The employee had obtained a medical marijuana card in 1999 and was 
later fired after a urine test indicated the presence of THC, the 
active chemical in marijuana. The lawsuit contends a positive drug 
test based on a urine sample doesn't prove the employee used or had 
marijuana at the workplace. A blood test is a more accurate measuring 
tool. Another factor being considered is what constitutes "reasonable 
accommodations."

On Nov. 15, mid-valley employers can learn more about the issue 
during a free workshop, Medical Marijuana in the Workplace, to be 
held from 9 to 11:30 a.m. at the Phoenix Inn, 3410 Spicer Road S.E.

"This has been building for the last couple years," said Jerry 
Gjesvold, employer services manager for Eugene-based Serenity Lane 
Treatment Center, and a workshop speaker. "The number of medical 
marijuana cards in Oregon is now up to more than 11,000. In the past, 
it was mostly people who weren't working, or were working on a 
limited basis. That's changing every day."

At least 20 employers with whom Gjesvold works have had employees 
test positive for marijuana and then presented a medical marijuana card.

"Without a written policy, employers can't just fire them," Gjesvold 
said. "Employees have an obligation to notify their employers about 
this. Perhaps, the employer can provide someone who has a card with a 
job that doesn't put employees, or the employer, at risk."

"This is not a federal issue, it's a state issue," Gjesvold said. 
"There is no known science-based information on the affect of THC ... 
when it's in a person's urine. An employer has to be able to prove 
impairment on the part of the employee and that's not easy."

Gjesvold said he is encouraging employers at least to put some plan 
of action into their employee handbook. If there is nothing written 
down, benefit of the doubt will almost certainly lean toward the 
employee, Gjesvold said.

"When this law was first considered, no one expected more than 11,000 
cards to be issued," Gjesvold said.

Workshop speakers in addition to Gjesvold will be Paula Barran, an 
attorney and fellow in the College of Labor and Employment Lawyers, 
who will address how legal issues affect company substance-abuse 
policies; and Rick Howell, Columbia Forest Products, director of 
organizational development and human resources, who will talk about 
the Portland-based company's experience with medical marijuana in the 
workplace.

The workshop is sponsored by WorkSource Oregon, the Region 4 
Workforce Investment Board and Workdrugfree. To register, call 
758-2642, or email By The Numbers

- - Oregonians who hold medical marijuana cards: 11,100.

- - Linn County, 281; Benton County, 131; Marion County, 467; Lane County, 1,442)

- - Caregivers holding cards for patients: 5,406.

- - Pending applications as of July 1: 663.

- - Oregon-licensed physicians who have signed card applications: 1,946.
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MAP posted-by: Beth Wehrman