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Marijuana Considerations & Laws In Ohio

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.

Employment Information

Employer Concerns

  • The law permits an employer to establish and enforce a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy.
  • The law does not require an employer to accommodate use, possession or distribution of medical marijuana.
  • There is a voluntary drug testing law (including testing for marijuana) and employers who choose to comply with it qualify for workers’ compensation premium discounts/rebates.
  • Ohio has a voluntary workers’ compensation law with its own drug testing requirements including testing for marijuana. Although not required to, employers who comply have greater latitude in denying workers’ compensation claims.
  • Contractors working on publicly funded state projects must operate a drug-free workplace including drug testing for marijuana.

Testing

  • An employer can legally operate a drug-free workplace program including testing for marijuana even if an employee is authorized to use medical marijuana.
  • Ohio’s Bureau of Workers’ Compensation outlines testing details in their voluntary Drug-Free Safety Program.

Hiring/Termination

  • An employer is permitted to refuse to hire, discipline, and/or terminate an employee for marijuana use.

Discipline

  • An employer is permitted to discipline and/or terminate an employee for marijuana use.

Use/Possession

  • Permission for use is determined by the employer but the law does not require an employer to accommodate.
  • Smoking or combustion of marijuana is prohibited.
  • Vaping and patches are permitted.
  • Cannabis is to be consumed at home.
  • No operating a vehicle or other named transports while under the influence.
    • DUI limit for marijuana is 35 nanograms of marijuana metabolites per ml of urine, or 50 nanograms per ml of blood

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

Other Impacting Laws (e.g., drug testing, workers’ compensation, unemployment)

  • There is a voluntary drug testing law (including testing for marijuana) and employers who choose to comply with it qualify for workers’ compensation premium discounts/rebates.
  • Ohio has a voluntary workers’ compensation law with its own drug testing requirements including testing for marijuana. Although not required to, employers who comply have greater latitude in denying workers’ compensation claims.
  • Contractors working on publicly funded state projects must operate a drug-free workplace including drug testing for marijuana. 

 

Miscellaneous

  • Nothing in the law permits a person (Ohio Revised Code Ann. 3796) to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to medical marijuana.”

Sources (e.g. Bill Number, Authority)

Sources (e.g., Bill Number, Authority)

  • Ohio’s Medical Marijuana Control Program https://medicalmarijuana.ohio.gov/
  • Ohio Revised Code Ann. 3796 et al
  • Ohio HB 523
  • Drug-Free Safety Program (voluntary) http://www.ohiobwc.com/downloads/blankpdf/DFSPGuide.pdf http://www.ohiobwc.com/employer/programs/dfspinfo/dfspdescription.asp
  • HB 80
  • Ohio Revised Code Ann. 4123.54 – Workers’ Compensation related
  • Ohio Revised Code Ann. 4141.29 -Unemployment related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).