With Ohio’s Issue 2 approval in November, Ohio joins many other states in commercial cannabis legalization. Lawmakers have been diligently engaged in passing a bill modify and clarify the specifications in the law.
Recent legislative efforts have led to the introduction and subsequent passing of HB 86 in the house, marking a series of interesting alterations to Issue 2. These modifications, however, did not directly create additional concerns for employers. The Senate has since forwarded their amended bill back to the House for review and approval. If approved, it will be sent to the governor’s desk for final approval.
Key amendments proposed within HB 86 regarding Issue 2 include:
- Home Cultivation: The revision would restrict the permissible quantity of marijuana plants per household to six, which is a reduction from the initial allowance of twelve under Issue 2.
- Potency Limits: It proposes retaining a maximum THC content of 35 percent for plants and reducing the THC potency for extracts (such as edibles) from 90 percent to 50 percent.
- Purchase Timeline: Upon the bill's passage, citizens would gain immediate access to purchasing marijuana from existing medical dispensaries.ibles) from 90 percent to 50 percent.
- Public Smoking Ban: Introduces a comprehensive prohibition on public smoking, a regulation previously absent in Issue 2.
Notably, the crucial safeguards provided to employers under Issue 2 remain unaltered in HB 86:
- Employers retain the authority to restrict employees from using, possessing, or distributing cannabis within the workplace.
- Employers may institute and uphold drug testing policies, maintain drug-free workplaces, or enforce zero-tolerance drug policies.
- Employers retain the prerogative to make hiring decisions, issue disciplinary measures, or take adverse employment actions against individuals involved in the use or possession of cannabis in the workplace.
- Additionally. any employee discharged due to cannabis usage remains considered to have been terminated for "just cause."
The ongoing pace of the current legislative activities indicates the desire for a swift resolution; this has likely been spurred on by the Governor’s insistence on prompt action. During this interim period, employers retain the freedom to maintain their existing drug-free workplace guidelines concerning marijuana usage, possession, and distribution.
Stay Tuned for additional updates and guidance as this is an important topic and can have significant effects on employers. Employers are encouraged to seek assistance from knowledgeable sources for immediate support concerning any related policy concerns.
