Oregon Business: 100 Best Companies to work for in Oregon 2022 Oregon Business: 100 Best Green Companies to work for in Oregon 2022

Employment eAlert: Measure 91 and Employer Drug Policies - Updated

June 2015

On July 1, 2015, Measure 91 will go into effect. Measure 91 allows Oregonians to grow limited amounts of marijuana (four plants per residence) and to possess limited amounts of recreational marijuana for personal use (up to 8 ounces). Measure 91 does not require employers to permit employees to use marijuana at work or mandate that employers change their drug testing rules. Marijuana use and possession continues to be illegal under federal law. Accordingly, employers can continue to prohibit possession and use of marijuana by employees, can enforce zero-tolerance drug policies, and can test for marijuana (and terminate employees for testing positive for any detectable amount of marijuana).

As a practical matter, every employer should review their current Drug & Alcohol Policy to make certain it states that marijuana use and possession is prohibited and clearly sets forth if/when employees will be tested for drugs and/or alcohol. Employers should also consider notifying employees that: regardless of Measure 91, marijuana use and possession is still prohibited at work; when/if the employer will drug test; and what the consequences of use, possession, or a positive drug test will be for an employee.

More information can be found here:

Check out our Employment Law Blog to stay updated on current issues:

This article was written by Elizabeth Semler, former Sussman Shank LLP Employment Law Partner.

Related Practice Areas


Return to Articles