Ohio’s Medical Marijuana Law: Employers Can Relax
The following information is provided by Meyers, Roman, Friedberg & Lewis via GeaugaGrowth.com
Effective September 6, 2016, Ohio joined the ranks of 23 states and counting to legalize medical marijuana (three other states, to date, have legalized recreational marijuana use). Not surprisingly, the law has stirred considerable concern among employers about the impact of the law in the workplace. As it is, according to Quest Diagnostics, a large national medical screening laboratory, the share of workers testing positive for illegal drug use has reached its highest level in a decade. Legalizing marijuana would likely compound this problem.
Fortunately, the new law preserves all of the protections currently in place for those employers with workplace policies prohibiting marijuana’s use, possession or distribution. The law permits an employer to discharge, refuse to hire, deny workers’ compensation benefits, or otherwise discipline an employee who, in violation of company policy, tests positive for medical marijuana. In addition, the law prohibits an individual from suing an employer who takes adverse action against an employee due to medical marijuana.
