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US: Court Rejects Medical Marijuana Defense

Washington Post

Thursday 04 May 2006

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SALEM, Ore. -- The Oregon Supreme Court ruled Thursday that an employer
didn't have to make an allowance under state disability laws for a
worker who used medical marijuana.

The worker, Robert Washburn, was fired from his job as a millwright at a
Columbia Forest products plant in Klamath Falls after failing drug tests.

Washburn had a state-issued card allowing him to use marijuana to ease
leg spasms that disrupted his sleep. He used the drug at home, but the
company, which has a policy prohibiting workers from coming to the plant
with controlled substances in their systems, fired him in 2001 after he
failed several urine tests.

Washburn sued, saying his condition left him legally disabled and that
required the employer to make reasonable accommodations.

In its ruling, the Supreme Court determined Washburn's impairment did
not rise to the level of a disability under state law and the employer
was not obligated to make allowances for him showing up for work with
marijuana in his system.

Washburn initially controlled his leg spasms with standard prescription
medications, but his doctor later approved him to participate in
Oregon's medical marijuana program. The court determined he was not
disabled under state law because his previous medication had
successfully treated his condition.

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