Ohio - Considerations for Marijuana in the Workplace

Last Update on November 23, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

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 or recreational 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

The use of recreational marijuana in Ohio does not prevent an employer from from establishing and enforcing a drug testing policy, drug-free workplace policy, drug testing or zero-tolerance drug policy.
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 outlines testing details in their voluntary Drug-Free Safety Program.

Hiring/Termination

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

Discipline

An employer is permitted to refuse to hire, discipline, 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, most employer policies will prohibit use of any marijuana in the workplace.
Recreational marijuana remains illegal in Ohio but possession of marijuana of less then 100 grams is a only minor misdemeanor with potential of a $150.00 fine.
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)

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.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Issue 2 – To Commercialize, Regulate, Legalize, and Tax the Adult Use of Cannabis
Ohio’s Medical Marijuana Control Program https://medicalmarijuana.ohio.gov/
Ohio Revised Code Ann. 3796 et al – Medical Marijuana Control Program
Ohio HB 523 – Medical marijuana law
Ohio Drug-Free Safety Program (voluntary)
Ohio HB 80 – Public funds’ projects
Ohio Revised Code Ann. 4123.54 – Workers’ compensation related
Ohio HB 223 – Rebuttable presumption law
Ohio Revised Code Ann. 4141.29 – Unemployment related

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).

Drug Testing in Ohio

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Drug Testing Laws for Ohio

No two states have same the same drug testing State Laws – Check out state laws for Drug Testing.

Ohio - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Ohio

Drug Testing Laws for Ohio

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Ohio - Considerations for Marijuana in the Workplace

MedicalMarijuana Law:

RecreationalMarijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Ohio

Drug Testing Laws for Ohio

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Medical
Marijuana Law:

Recreational
Marijuana Law: