In September 2018, the State of Ohio’s new law legalizing the use of medical marijuana goes into effect. The law does not:
- Require employers to accommodate an employee’s use, possession, or distribution of marijuana in the workplace
- Prohibit employers from disciplining, terminating, refusing to hire, or otherwise taking an adverse employment action because of that employee’s use, possession, or distribution of marijuana in the workplace
- Prohibit employers from establishing and enforcing a drug-testing policy, drug-free workplace policy, or zero-tolerance drug policy
- Interfere with federal laws, which still ban marijuana use, medical or otherwise
- Permit an employee to sue an employer for disciplining him or her for use, possession, or distribution of medical marijuana
- Allow an employee injured on the job while under the influence of marijuana to recover workers’ compensation benefits.
The provisions in this new law allow Ohio employers to continue your current approach to employee use of marijuana regardless of whether it is legalized medical marijuana.
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