Ohio Legalized Recreational Marijuana - What Does This Mean for Employers?

While the state passed An Act to Control and Regulate Adult Use of Cannabis legalizing recreational marijuana, employers retained certain rights

On November 7, 2023, Ohio voters passed Issue 2, legalizing the possession, home cultivation and retail sale of cannabis for adults 21 and older. The Act is set to take effect on December 7, 2023; however, as a citizen-initiated statute, the Ohio legislature maintains the right to modify and refine the law before it takes effect.

The Act supports employers' efforts to maintain a drug-free workplace, which includes policies prohibiting use of marijuana. This is consistent with Ohio's existing Medical Marijuana Control Program. As such, Ohio employers retain the right to establish and enforce drug testing, drug-free workplace and/or zero-tolerance policies.

Specifically, the Act states that employers:

  • are not required to permit or accommodate the use, possession or distribution of marijuana; and
  • may discipline, refuse to hire or otherwise take an adverse employment action against an individual per the use, possession or distribution of marijuana.

The Act further prohibits an employee from taking legal action against an employer for discharging, disciplining, discriminating, retaliating, refusing to hire or otherwise taking an adverse employment action against the employee as a result of the individual's marijuana use. Additionally, the Act does not impact existing federal employment restrictions regarding drug use.

Ohio employers are encouraged to familiarize themselves with the Act even though, at this time, employers' legal obligations and restrictions surrounding marijuana will remain predominantly unaffected.

Posted: November 17, 2023

All Rights Reserved © 2023 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution

You are leaving

Ok, Continue Cancel