Okla. Marijuana Ruling Underscores Broad Worker Projections

Law360 (December 3, 2019, 3:56 PM EST) -- The Oklahoma Court of Civil Appeals recently ruled in Rose v. Berry Plastics Corp. that a post-accident drug test confirming an employee’s use of marijuana did not prove he was intoxicated at the time of the accident.[1] While the decision addresses when marijuana use voids workers’ compensation coverage, it also highlights the challenges employers could face when relying on drug tests to show a medical marijuana licensee was under the influence while working.

Rose worked for Berry Plastics as a machine operator. While trying to clear an obstruction from a jammed machine by hand, a coworker triggered the “guillotine” machine, crushing...

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