The legalization of recreational marijuana in Ohio, recently enacted through the passage of An Act to Control and Regulate Adult Use Cannabis, allows adults 21 and older to purchase and use recreational marijuana.
Employers, however, are not obliged to permit or accommodate an employee’s use, possession, or distribution of marijuana. Employers also retain the right to refuse to hire, discharge, discipline, or take other adverse employment actions against individuals due to their use, possession, or distribution of marijuana in the workplace. Additionally, the act allows employers to establish and enforce drug testing policies, drug-free workplace policies, or zero-tolerance drug policies.
If an employee is terminated for violating the employer’s drug policies related to marijuana use, they will be considered discharged for just cause with regard to unemployment compensation. In addition, the act does not provide applicants or employees the right to sue employers for adverse actions related to marijuana use.
The law goes into effect on December 7, 2023.