It is undisputed that employers benefit from a drug-free work place.  Maintaining sound policies and procedures to achieve a drug-free work place helps to ensure a safe and productive work environment. Taking such an approach also helps employers comply with federal and state regulations. For instance, businesses with federal contracts or that operate under the Department of Transportation must comply with drug testing regulations under federal law that prohibit employees from using marijuana.  Thus, having a drug-free work place policy enables a federal contractor to achieve two goals – (1) promote safety and productivity; and (2) maintain its federal contractor status.

However, the recent emergence of “medical marijuana” legislation has created some confusion for employers who want to maintain a drug-free work place and has left many employers asking the question – can they still fully enforce their drug-free policy? In short, the question is “yes” - at least for those employers in Oregon and Washington.   But, because the legal and employer/employee relationship issues surrounding this topic continue to evolve, all employers with drug-free polices should do their research and ensure that they are adopting and enforcing policies that are indeed enforceable and that cause as little interruption and risk to their business practices as possible.

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