Ohio has joined the growing list of states legalizing the use of marijuana for medicinal purposes. The law takes effect on September 6, 2016, although the state must now go through the process of creating and implementing a regulatory program before its constituents can begin dispensing medical marijuana. That process is expected to take up to two years.
Effective Date: September 6, 2016
Coverage: All employers with employees in Ohio.
Action Required: Employers should remain informed of their obligations and responsibilities under Ohio’s medical marijuana law and federal regulations.
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On June 8, 2016, Ohio Governor John Kasich signed into law comprehensive legislation that legalizes certain uses of marijuana in Ohio for medical purposes. The law allows people with one of more than 20 qualifying medical conditions, upon the recommendation of a physician, to purchase and use medical marijuana. Qualifying medical conditions include, but are not limited to, AIDS, amyotrophic lateral sclerosis (ALS), Alzheimer’s disease, cancer, Crohn’s disease, epilepsy or seizure disorders, multiple sclerosis, chronic or intractable pain, Parkinson’s disease, and PTSD.
The law allows dispensing and use of marijuana in the form of oils, edibles, plant material, tinctures, patches and vapor. Smoking or combustion of marijuana is not permitted or authorized under the law. Patients who use medical marijuana are prohibited from operating a vehicle while under the influence of marijuana.
Of the many states that have medical marijuana laws, the Ohio medical marijuana law is one of the most employer-friendly. Specifically:
- Employers still have the right to establish and enforce a zero-tolerance drug policy or drug testing policy, and the new law does not give employees the right to sue their employer for taking action against them related to the use of medical marijuana;
- Employers are not required to permit or accommodate an employee’s use, possession or distribution of medical marijuana;
- Employers can still terminate an employee or refuse to hire an applicant because of use, possession or distribution of medical marijuana even if he or she is using marijuana off-duty and in compliance with the statute;
- For purposes of unemployment compensation, an employer has “just cause” to fire an employee for use of medical marijuana in violation of the employer’s drug policy;
- Employers still may obtain workers’ compensation premium discounts for participation in the state’s drug-free workplace program; and,
- An employee may be deemed ineligible for workers’ compensation benefits if the employee was under the influence of marijuana at the time of the injury and that use was a cause of the injury, even if the marijuana use was recommended by a physician.
Ohio’s new medical marijuana law becomes effective on September 6, 2016, although it may take up to two years for implementing regulations to be written and for dispensaries and the patient registry to become operational.
Of course, under the federal Controlled Substance Act (“CSA”), marijuana is still designated as a controlled substance and is illegal. As such, employers are not required to accommodate its use under the Americans with Disabilities Act (“ADA”), although, depending on the circumstances, employers may need to accommodate the medical condition that underlies the marijuana use.
As always, please be sure to contact your Human Resources Business partner if you have any questions.