Don’t Let Your Construction Project Go Up in Smoke – What the Passing of Measure 91 Means for Employers in Oregon2020-04-23T00:25:17+00:00
Don’t Let Your Construction Project Go Up in Smoke – What the Passing of Measure 91 Means for Employers in Oregon

This article appeared online (Dec. 11, 2014) and in print (Dec. 3, 2014) in Cascade Business News, written by Ball Janik LLP attorneys Peter Hicks and Jacob Zahniser.

In Washington, and soon-to-be Oregon since the passage of Measure 91, construction workers and employees may legally possess and use marijuana. What does that mean for the job site?

Although construction workers and employees may now legally possess and use marijuana, nothing under Washington or Oregon law permits any worker or employee to possess or use marijuana while he or she is on the job.

Considering substance use is recognized as prevalent among construction workers, employers such as general contractors, developers and owners should take necessary and appropriate steps to prevent employees from operating dangerous and complex machinery, performing construction work, and otherwise completing construction-related tasks while under the influence of marijuana.  Read more here.


Ball Janik LLP was founded in 1982 with six lawyers and a four-person support staff in Portland, Oregon. Since our firm’s inception, we have expanded our capabilities, our professionals, and geographic footprint. What started as a firm focused in real property and land use (known then as Ball Janik & Novack), has grown to include the insights of a team of 30-plus attorneys, with a combined six centuries of experience, and capabilities including Real Estate and Land Use, Construction Defect, Commercial Litigation, Insurance Recovery, Construction and Design, Employment, Finance and Corporate, Public Agencies and Schools, and Community Associations. With offices in Florida and Oregon, our regional growth has earned us a national reputation for upholding the rights of our clients.

Ball Janik LLP has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Ball Janik LLP’s success and integrity have repeatedly made it one of “Oregon’s Most Admired Professional Firms,” according to the Portland Business Journal’s survey results of CEOs throughout the region.

Heather J. Oden
Oregon , Portland
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