On November 7, 2023, Ohio voters passed a citizen-initiated law legalizing recreational marijuana with 57% support. Sales officially began in August 2024, marking a significant shift in the state’s cannabis landscape. While this change reflects evolving public attitudes, it does not alter employers’ rights to maintain drug-free workplaces. Despite consumption being legal for certain individuals, public consumption remains illegal, even for medical users.
Ohio law permits:
- Medical marijuana to be sold by licensed dispensaries and purchased by adults 18+ with a medical marijuana card
- Recreational marijuana to be sold by licensed dispensaries and purchased by adults 21+
- Home cultivation of up to six plants per adult 21+ (maximum of 12 plants total) for personal use
Despite legalization, Ohio employers retain broad authority to enforce workplace drug policies. Here’s what the law makes clear:
- Employers are not obligated to permit or tolerate marijuana use, possession or distribution—on or off duty
- Employers may discipline, terminate or refuse to hire employees for marijuana use. Violations of company drug policies are considered “just cause,” disqualifying employees from unemployment benefits. This also applies to medical marijuana users.
- Employers may continue to implement and enforce drug-free or zero-tolerance policies, including drug testing
- Federal law still applies. Industries regulated by federal law (e.g., transportation under the U.S. Department of Transportation) must maintain drug-free standards regardless of state legalization.
Employers are not required to allow use or possession of medical marijuana, and employees can be disciplined or terminated for violating drug policies, regardless of medical status.
To stay compliant and minimize risk, employment law experts recommend reviewing and updating drug-testing policies in order to ensure clarity and alignment with the current law. Revise employee handbooks and clearly state the company’s position on marijuana use; spell out disciplinary actions for policy violations; and train managers and supervisors to recognize and respond to signs of impairment.
Legalization does not mean tolerance in the workplace. Ohio employers retain the right to enforce drug-free policies and take action against marijuana use. Clear communication, consistent enforcement, and updated documentation are key to navigating this legal terrain.
If you’d like help drafting updated handbook language or internal communications, please contact Vicki Boroff, HR consultant.