Earlier this week, a significant decision was made by Ohio voters, who approved the recreational use of marijuana by adults. The new law, known as Issue 2, enacts the Ohio Revised Code Chapter 3780 and goes into effect on December 7, 2023. This new chapter authorizes and regulates the adult use of cannabis for individuals who are twenty-one years of age or older, as reflected by Ulmer & Berne LLP’s recent commentary on the issue.
This legalization poses significant implications for Ohio employers, particularly in relation to employment policies and practices. Under the new law, employers will likely have to navigate complex dilemmas concerning drug testing, accommodating medical marijuana patients, and ensuring a drug-free workplace, among others.
Here are key points to consider:
- Employers can still enforce drug-free workplace policies. The new law does not infringe on an employer’s right to prohibit the use, distribution, possession, or production of cannabis in the workplace. Employers can still implement and enforce policies that require employees to work unimpaired and prohibit them from working under the influence of marijuana.
- Employers should review their substance abuse and drug testing policies. With the new law in place, employers should revisit their policies and ensure that they still comply with legal requirements. Changes may need to be made, such as specifying the criteria used to determine impairment or updating the list of prohibited substances to include recreational marijuana.
- Accommodation of medical marijuana patients. As an increasing number of states legalize marijuana use also for medical purposes, employers will need to adapt their policies to address accommodation requests from employees who are medical marijuana patients and determine how it will impact their employment policies and drug testing protocols.
As Ohio joins the growing list of states legalizing the recreational use of marijuana, it will be interesting to see how the corporate world responds to this change. The coming years will certainly bring new challenges, but also potential opportunities for Ohio businesses to innovate in their workplace policies and practices.