In November 2023, Ohio passed a recreational marijuana law. Recreational marijuana sales began in the Buckeye State on August 6, and employers can expect an increase in use by their employees.
The new law does not affect employers’ rights regarding marijuana use. Employers may not:
- Required to permit or facilitate the use, possession or distribution of marijuana by an employee; nor
- It is illegal to deny, discharge, discipline, or otherwise take adverse action against an individual because of the use, possession, or distribution of marijuana.
This applies even if a person’s marijuana use is legal and occurs outside of work hours. The new law does not create a cause of action for employees or applicants based on such an employer’s action. Ohio employers can still enforce drug testing, drug-free workplaces, and zero-tolerance policies regarding drugs.
Employers who continue to prohibit marijuana use and plan to test should remind employees of the company’s policies, requirements and expectations. Among other things, Ohio employers should ensure that their drug and alcohol policies clearly state that marijuana use is prohibited during work hours, including during meal and rest breaks, and that impairment from marijuana use during work hours will not be tolerated.
In addition, now is a good time to review drug policies and determine whether they are tailored to the company’s needs and compliant with state and federal laws.
Anthony McNamara contributed to this post
