Oregon: A Trailblazer in Cannabis Policy Reform

Oregon was the first state to decriminalize possession of small amounts of cannabis in 1973, downgrading it to a fine similar to a traffic offense. Voters also made Oregon among the first to approve cannabis for medical use when they approved Ballot Measure 67 in 1998.

In November 2014, Oregon became the fourth state to legalize adult-use cannabis — including possession, home cultivation, and retail sales.

While Oregon has made significant strides in improving its cannabis policies, there is still important work to be done — particularly when it comes to employment protections.

During the 2025 legislative session, a key bill, SB 176, aims to address this gap. If passed, SB 176 would establish much-needed employment protections for medical cannabis patients. Specifically, the bill would prohibit employers from making hiring or firing decisions solely based on an individual’s status as a medical cannabis patient or a positive test result for cannabis metabolites. It would also prevent healthcare providers from denying treatment or restricting access to medical resources for patients who hold a valid medical cannabis card, among other revisions to the medical cannabis law.

Ask your lawmakers to protect medical cannabis patients employment and healthcare rights by signing our prewritten letter here.

Oregon Governor Pardoned Nearly 50,000 for Cannabis Possession

In November 2022, then-Gov. Kate Brown (D) issued pardons for 47,144 convictions for simple possession of cannabis and forgave more than $14 million in unresolved fees and fines.

Brown released a press statement saying, “Oregonians should never face housing insecurity, employment barriers, and educational obstacles as a result of doing something that is now completely legal, and has been for years.”

This mass pardon excused state-level convictions for possession of one ounce or less of cannabis prior to legalization. In order to have been eligible, possession must have been the only charge, the case could not include victims, and the individual charged must have been 21 years or older at the time of the arrest.

The Oregon Judicial Department ensured that all court records associated with these pardoned offenses were sealed, as required by law. As it notes, “for some convictions–especially those from before 2005–there may have been insufficient information for the State to determine whether the conviction met the Governor’s criteria specified in the Governor’s marijuana pardon order and described above. As a result, those convictions with insufficient data were not included in the Governor’s pardon." For convictions that weren’t pardoned, individuals could petition for expungement or a case-by-case pardon.

Gov. Brown’s pardon came in her final weeks in office.

Oregon Bill Would Provide Employment Protections for Medical Cannabis Patients

While Oregonians legalized adults’ use of cannabis, many employers still use drug testing that excludes cannabis consumers. This puts Oregon behind some other states that have enacted laws protecting cannabis consumers’ jobs post- legalization.

Nevada legalized cannabis for adult use after Oregon, but the state surpassed Oregon in passing employment protections. Effective since the beginning of 2020, Nevada became the first state to prohibit ‘‘the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee …’’ Since then, other legalization states — including California, New York, and New Jersey –  have passed laws protecting both job applicants and current employees’ employment rights.

Oregon employers are currently not required to accommodate employees’ use of medical or adult-use cannabis and have power to deny employment or take action against an individual that tests positive for cannabis use.

Passing SB 176 would help change this, and help establish critical employment protections for medical cannabis patients in Oregon.

Oregon Legalizes Interstate Cannabis Commerce

Looking ahead, Oregon also prepared for future national reforms by signing a groundbreaking bill into law in 2019, authorizing interstate cannabis commerce.

Under this law, Oregon’s governor can enter into agreements with other states where cannabis is legal to allow the import and export of cannabis products — but only once federal law permits it or if the U.S. Department of Justice issues a policy allowing such commerce.

Currently, no such federal policy exists. However, Oregon remains poised to act as soon as the opportunity arises, positioning itself as a major player in a future national cannabis market.

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