Emerald Steel V. Bureau of Labor and Industries

IN THE SUPREME COURT OF THE STATE OF OREGON

EMERALD STEEL FABRICATORS, INC. V. BUREAU OF LABOR AND INDUSTRIES

(April 14, 2010)

KISTLER, J. [Edited by Prof. Moersen]

The Oregon Medical Marijuana Act authorizes persons holding a registry identification card to

use marijuana for medical purposes. It also exempts those persons from state criminal liability

for manufacturing, delivering, and possessing marijuana, provided that certain conditions are

met. The Federal Controlled Substances Act, 21 USC § 801 et seq., prohibits the manufacture,

distribution, dispensation, and possession of marijuana even when state law authorizes its use to

treat medical conditions. Gonzales v. Raich, (S.Ct. 2005); see United States v. Oakland Cannabis

Buyers’ Cooperative, (S.Ct. 2001) (holding that there is no medical necessity exception to the

federal prohibition against manufacturing and distributing marijuana).

The question that this case poses is how those state and federal laws intersect in the context of an

employment discrimination claim; specifically, employer argues that, because marijuana

possession is unlawful under federal law, even when used for medical purposes, state law does

not require an employer to accommodate an employee’s use of marijuana to treat a disabling

medical condition. We hold that, under Oregon’s employment discrimination laws, employer

was not required to accommodate employee’s use of medical marijuana.

Since 1992, employee has experienced anxiety, panic attacks, nausea, vomiting, and severe

stomach cramps, all of which have substantially limited his ability to eat. Between January 1996

and November 2001, employee used a variety of prescription drugs in an attempt to alleviate that

condition. None of those drugs proved effective for an extended period of time, and some had

negative effects. In 1996, employee began using marijuana to self-medicate his condition.

In April 2002, employee consulted with a physician for the purpose of...