Reading time 3 Mins
Published on Feb 28
Share
In January, Ohio’s first medical marijuana dispensaries opened their doors to begin providing the drug to registered medical marijuana patients who have obtained a physician’s recommendation and been issued a medical marijuana card. While many recipients are already outside the workforce due to chronic injury or illness, the state and employers are set to begin grappling with exactly how medical marijuana legalization will affect hiring for companies and industries with zero-tolerance policies. In the meantime, as an employer, you will need to decide how your company will handle applicants and employees who use medical marijuana, including developing policies that specifically address this to ensure fair treatment of all employees.
What the law does
The medical marijuana law established the Ohio Medical Marijuana Control Program within the Department of Commerce and the State of Ohio Board of Pharmacy to oversee cultivator, processors, and laboratories for testing licensed strains of the drug. The Pharmacy Board oversees the licensure of the individual dispensaries and the registration of patients and their caregivers. Patients suffering from 21 specified diseases or conditions may seek recommendations from a doctor to obtain a medical marijuana card.
Zero tolerance policies
Under Ohio’s medical marijuana law, employers can still maintain or implement zero-tolerance policies in the workplace. While there may be challenges to these policies, in states with similar programs, court decisions have favored employers on issues involving hiring and dismal practices related to state marijuana laws. These rulings tend to emphasize the continued of illegality on the federal level, regardless of individual state laws.
The state of Ohio law does not require employers to permit or accommodate applicant’s or current employee’s use or possession of medical marijuana. Individual employers may opt to accommodate on- or off-duty use, similar to other accommodations as long as these accommodations are applied fairly. Employers with federal contracts or who act as federal contractors must maintain their drug-free workplace policies. Additionally, no accommodations are permitted for employees in specified safety-sensitive positions, like DOT-regulated drivers.
Hiring practices
Ohio’s medical marijuana laws do not prohibit employers from dismissing, disciplining or refusing to hire individuals based on their medical marijuana use. Additionally, employers are able to prohibit any employee from working while impaired due to use, regardless of its legal status. Employers without drug policies are strongly encouraged to develop firm policies prior to the September 8 implementation date. Your policy, when included in your employee handbook with acknowledgement of receipt, will provide the framework for employees’ understanding of their rights and responsibilities.
Medical marijuana law and Sheakley
The medical marijuana law does not require employers to forego zero-tolerance drug policies in the workplace or to take these factors out of the hiring or dismissal process. Employers are still authorized to implement and enforce drug testing, drug-free workplace, and zero-tolerance policies. Employers should be upfront and clear about their drug-testing requirements with applicants and current employees. Managers should also receive training to help them identify signs of impairment, especially if regular drug-testing is not part of your policy. While exactly how the law will ultimately impact employers’ policies long-term will most likely be decided in courts, Sheakley’s HR Management experts can help you develop policies that keep you compliant with local, state, and federal employment law.
Schedule your free consultation with a Sheakley HR professional today. Stay up-to-date on all things Sheakley by subscribing to our blog and following us on social media. Join in the discussion by commenting below.
You may want to read
See all articles
The True Value of Modified Duty Off-Site Return to Work
In an increasingly competitive business environment, companies are continuously searching...
Help Employees Maximize Their FSAs
With 2019 spending having topped out at around $3.8 trillion,...
The Importance of Effective Driver Safety Training
In 2018, there were over 450,000 police-reported large truck accidents,...
Injury Reporting in Ohio
The sooner the better Early injury reporting can save days...