Ohio’s budding medical marijuana industry is scheduled to bloom on Sep. 8, 2018. At that time, registered medical marijuana patients with a physician recommendation will be able to purchase Ohio-grown medical marijuana from state-licensed dispensaries. Employers will then have to confront how to handle applicants and employees who use medical marijuana keeping in mind the following.
Employers do not have to accommodate medical marijuana, but may choose to do so
Ohio law does not require employers to permit or accommodate an applicant’s or employee’s use, possession, or distribution of medical marijuana. An employer may choose to accommodate on- and/or off-duty medical marijuana use like any other accommodation. However, under federal law, federal contractors must still maintain a drug-free workplace, and employees in certain safety-sensitive positions (like DOT-regulated drivers) cannot be accommodated.
Employers can still make employment decisions based on marijuana use
Employers can discharge, refuse to hire, or discipline an individual because of his or her medical marijuana use. And employers can always prohibit employees from working when impaired, regardless of a substance’s legal or quasi-legal status. Employees who are discharged for using medical marijuana are ineligible for unemployment compensation benefits if their employer’s policy prohibits the use of medical marijuana. [Read More @ BizJournals.com]
