Pubdate: Tue, 24 Mar 2009 Source: Statesman Journal (Salem, OR) Copyright: 2009 Associated Press Contact: http://drugsense.org/url/QEzJupzz Website: http://www.statesmanjournal.com/ Details: http://www.mapinc.org/media/427 Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) 2009 Legislature EMPLOYERS CAUGHT IN MIDDLE OF POT LAWS State And Federal Statutes Differ, Make Compliance Difficult Oregon employers are telling lawmakers that medical marijuana puts them in a tough spot between conflicting state and federal laws. The Daily Journal of Commerce reported that a lobbyist for one of the largest trade groups in the state told the Oregon House Business and Labor Committee last week the conflict makes it nearly impossible for employers to comply. "We believe employers are caught in the crosshairs of state and federal laws," said Gary Conklin of Associated General Contractors of Oregon. When Oregon voters in 1998 decided to legalize marijuana for medical purposes, it was in defiance of federal drug laws. Marijuana remains illegal under the U.S. Controlled Substances Act, which was upheld in 2005 by the U.S. Supreme Court. As a result, Oregon walks a legal tightrope. State authorities don't prosecute people for medical marijuana use, but they stay out of the way if federal authorities decide to bust patients or caregivers under federal drug laws. But Conklin says employers can't perform that kind of balancing act. The federal Drug Free Workplace Act of 1988 requires many federal contractors and all recipients of federal grants to agree they will abide by federal law. But it's next to impossible to comply with federal regulations while honoring Oregon's medical marijuana law, Conklin said. The issue may be partly resolved with the announcement this past week by U.S. Attorney General Eric Holder that federal agents will target marijuana distributors only when they violate both federal and state laws. State Rep. Bruce Hanna, R-Roseburg, says employers still need protection. He has sponsored the legislation that enables them to fire or punish workers who use medical marijuana to the extent that it threatens safety or productivity. His bill also states that employers don't have to do anything to accommodate medical marijuana users. "Medical marijuana is the leading threat to workplace safety in Oregon," Hanna said. But workplace accidents in Oregon have decreased since the medical marijuana law passed in 1998, said marijuana activist Larry Funk Oregon employers are telling lawmakers that medical marijuana puts them in a tough spot between conflicting state and federal laws. Advertisement The Daily Journal of Commerce reported that a lobbyist for one of the largest trade groups in the state told the Oregon House Business and Labor Committee last week the conflict makes it nearly impossible for employers to comply. "We believe employers are caught in the crosshairs of state and federal laws," said Gary Conklin of Associated General Contractors of Oregon. When Oregon voters in 1998 decided to legalize marijuana for medical purposes, it was in defiance of federal drug laws. Marijuana remains illegal under the U.S. Controlled Substances Act, which was upheld in 2005 by the U.S. Supreme Court. As a result, Oregon walks a legal tightrope. State authorities don't prosecute people for medical marijuana use, but they stay out of the way if federal authorities decide to bust patients or caregivers under federal drug laws. But Conklin says employers can't perform that kind of balancing act. The federal Drug Free Workplace Act of 1988 requires many federal contractors and all recipients of federal grants to agree they will abide by federal law. But it's next to impossible to comply with federal regulations while honoring Oregon's medical marijuana law, Conklin said. The issue may be partly resolved with the announcement this past week by U.S. Attorney General Eric Holder that federal agents will target marijuana distributors only when they violate both federal and state laws. State Rep. Bruce Hanna, R-Roseburg, says employers still need protection. He has sponsored the legislation that enables them to fire or punish workers who use medical marijuana to the extent that it threatens safety or productivity. His bill also states that employers don't have to do anything to accommodate medical marijuana users. "Medical marijuana is the leading threat to workplace safety in Oregon," Hanna said. But workplace accidents in Oregon have decreased since the medical marijuana law passed in 1998, said marijuana activist Larry Funk - --- MAP posted-by: Jay Bergstrom