Ohio Legalized Recreational Marijuana - What Does This Mean for Employers?
Tags : Drug Screening
While the state passed An Act to Control and Regulate Adult Use of Cannabis legalizing recreational marijuana, employers retained certain rights
On November 7, 2023, Ohio voters passed Issue 2, legalizing the possession, home cultivation and retail sale of cannabis for adults 21 and older. The Act is set to take effect on December 7, 2023; however, as a citizen-initiated statute, the Ohio legislature maintains the right to modify and refine the law before it takes effect.
The Act supports employers' efforts to maintain a drug-free workplace, which includes policies prohibiting use of marijuana. This is consistent with Ohio's existing Medical Marijuana Control Program. As such, Ohio employers retain the right to establish and enforce drug testing, drug-free workplace and/or zero-tolerance policies.
Specifically, the Act states that employers:
- are not required to permit or accommodate the use, possession or distribution of marijuana; and
- may discipline, refuse to hire or otherwise take an adverse employment action against an individual per the use, possession or distribution of marijuana.
The Act further prohibits an employee from taking legal action against an employer for discharging, disciplining, discriminating, retaliating, refusing to hire or otherwise taking an adverse employment action against the employee as a result of the individual's marijuana use. Additionally, the Act does not impact existing federal employment restrictions regarding drug use.
Ohio employers are encouraged to familiarize themselves with the Act even though, at this time, employers' legal obligations and restrictions surrounding marijuana will remain predominantly unaffected.
Posted: November 17, 2023
All Rights Reserved © 2023 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!
I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.
You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.
I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.