Ohio Legalized Recreational Marijuana: What to Do in the Labor Context

What happened?

Beginning August 6, 2024, people 21 years of age or older will be able to purchase and possess up to 2.5 ounces of (recreational) cannabis, but that does not mean that as an employer or the workplace must be marihuana friendly.

What are the details?

Quick Bites for Employers:

• Legalization Impact: Recreational cannabis is now legal for anyone 21 years or older in Ohio. Therefore, there is an increased likelihood of employees having cannabis in their system during work hours.

• Employer Rights and Protections: employers are (1) not required to permit or accommodate marijuana use, possession, or distribution, (2) refuse to hire, discharge, discipline, or take adverse action against individuals for marijuana use, even if lawful and off-duty, and (3) continue having zero-tolerance drug policies.

Business Considerations

• Employers that continue to prohibit marijuana use and plan to test for it may want to remind employees of the company’s policy, requirements, and expectations; they should clearly state that marijuana use is prohibited during work time, including meals and rest breaks.
• Employers should reevaluate their drug policies to ensure they are tailored to the business’s needs and consistent with both state and federal law.
• Employers should communicate that they are not required to permit or accommodate marijuana use, possession, or distribution and that they can take adverse actions that can be taken against individuals for marijuana use, even if it is lawful and off-duty.

Source References

• Ohio Employers Should Follow These 6 Steps Now That Recreational Cannabis Sales Have Begun (Fisher & Phillips LLP.)
• Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire? (Jackson Lewis P.C.)

Resources

• Q&A: How does Ohio’s new cannabis law impact employees with drug-use policies? (Scripps Media, Inc)

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