Bill Would Prevent Firing of Oregonians for Off-The-Clock Marijuana Use

Oregon Senate Bill 301 would prevent employers from firing employees who use marijuana in their free time. Part of the language used says, “conditioning employment on refraining from any substance that is lawful to use in [Oregon].” What this means is that, if the bill passes, employers won’t be able to hold it against an employee if they choose to use marijuana when they’re not on the clock.

There are no provisions in place protecting those whose job requirements strictly prohibit marijuana use, according to WRIC ABC 8 News. You’re still not permitted to be under the influence of or use marijuana at work or while working. If you have a collective-bargaining agreement that restricts use of marijuana, this bill won’t protect you either.

The bill reads, in part, “It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using a substance that is lawful to use under the laws of this state during nonworking hours.”

An exact explanation of the types of jobs that would not be protected has not been provided. Some lawmakers assume that it would be positions like law enforcement, healthcare and anywhere that considers itself or requires a “drug-free workplace”.

One recreational user, Jesse Wakeley said, “I feel like what people do on their own time and in their own time is their business.”

A budtender in the industry, Jesse Soto said, “A lot of people were very concerned about the information of them being in one of these shops getting back to their employers. If it isn’t affecting their overall job performance, I don’t see why that should be an offense that is worth being fired over.”

A medical marijuana patient was fired for off-site medical marijuana use. He took the matter to court and was given his job back. He was also granted back pay. His medical marijuana use is for treating side effects of cancer treatment.

An employee of Terpene Station, Brenna Strassburg said, “Now that it’s legal in Oregon, it makes sense to not get fired for it.”

Details regarding a hearing or public conversation regarding SB 301 has not been set yet.