Recreational Marijuana – What Ohio Employers Need to Know Now

As of December 7, 2023, recreational marijuana is legal in Ohio and as of August 6, 2024, recreational sales in the Buckeye State have now begun. This means that all Ohioans 21 years and older are able to legally purchase, use, and grow recreational marijuana. Specifically, adults can legally possess up to 2.5 ounces of marijuana, possess up to 15 grams of cannabis extract, and grow up to 6 marijuana plants at home.

How Does Legal or Recreational Marijuana Affect Ohio Employers?

How will the legalization of marijuana in Ohio impact the workplace? The major question vexing Ohio businesses and their employees is whether or not an employer can continue to prohibit the possession or use of legal marijuana by employees while on company premises and/or while working. The new law addresses and allays these concerns by unequivocally stating that an employer is not required to “accommodate an employee’s use, possession, or distribution of adult-use cannabis.” Thus, like Ohio’s medical marijuana law, which remains unchanged, employers can continue asserting their rights to demand a drug-free workplace.

Of particular importance to employers, the new law legalizing marijuana in Ohio addresses some important questions.

Can You Be Fired From Your Job For Using Or Possessing Legal Marijuana in Ohio?

Employers are not prohibited from refusing to hire, firing, disciplining or otherwise taking an adverse action against an employee because of the individual’s use, possession, or distribution of marijuana. An employee’s termination for use of marijuana in violation of the employer’s drug policy is deemed “just cause” for purposes of unemployment compensation. The most effective and easiest way to view the new law is to equate marijuana with alcohol and treat them identically. If supervisors have reason to suspect that an employee is impaired at work, they are allowed to implement their drug-free workplace policy and require testing. If the employee tests positive for either alcohol or marijuana, employers can apply the discipline contained in the policy. 

Can Ohio Employers Drug Test Employees for Smoking or Using Marijuana?

Yes, the same holds true for pre-employment testing, post-incident testing, and return-to-work testing. Employers are permitted to apply discipline or withhold employment from candidates who test positive for marijuana.

Can Employers in Ohio Ban Legal Marijuana at Work or Prohibit Employees From Using Marijuana?

Employers are specifically allowed to continue enforcing their drug-free workplace policies and testing procedures.

Can Ohio Employers Be Sued For Disciplining Employees Who Use Legal Marijuana? 

There are no new causes of action created that would permit employees and/or applicants who have been subjected to an adverse action due to their legal use of marijuana to sue an employer.

Is Legal Marijuana Treated Differently From Alcohol At Ohio Workplaces?

While marijuana will now be treated like alcohol in the workplace, all employers must also be cognizant of the fact that marijuana, unlike alcohol, can remain in one’s system up to a month after use. This reality has caused some employers to revamp their drug-free workplace policies and treat safety-sensitive positions different from other positions.

Running a Warehouse or Logistics Business?

For employers seeking to maintain a safe and drug-free workplace, cannabis legality has complicated industry standards and best practices. This is especially true in the warehouse and logistics industry, where sobriety and on-site safety are paramount. In this free resource, we run down what warehouse and logistics operators need to know to best manage this issue in 2023.

The new recreational marijuana law should provide the impetus for all employers to review their drug-free workplace policies and update where necessary. We recommend updating it to specify that it includes marijuana, recreational or medical.  Employers should also think through the new law and ensure that their workforce needs will not be restricted by their current policies.

Still Have Questions?

Be sure to consult with your attorney to ensure legal compliance and appropriateness for your business operations. For specific, workers’ compensation related questions, please feel free to reach out to our team at any time.