Medical and Recreational Cannabis Use and Employment in Ohio: Navigating the Legal Landscape

Introduction

With the evolving landscape of cannabis legalization, many employees in Ohio face challenges related to using medical and recreational marijuana and their employment. If you’ve found yourself asking, “Can my employer prohibit me from using legally purchased cannabis?” or “What does Ohio law say about marijuana use and my job?” this article is for you. We’ll explore the current regulations and protections (or lack thereof) surrounding cannabis use in the workplace in Ohio.

Employment in Ohio

Federal vs. State Law: Understanding the Legislative Framework

At the federal level, cannabis remains a prohibited substance under the Federal Controlled Substances Act. Despite this, 38 states, including Ohio, have legalized cannabis for medical use. Additionally, 24 states and D.C. have approved its use for recreational purposes in small amounts.

The Americans with Disabilities Act (ADA) and Cannabis Use

A common question is whether the ADA protects employees prescribed marijuana for a disability. Unfortunately, the ADA does not offer protection against discrimination for marijuana use, even if prescribed. The ADA excludes those engaged in illegal drug use from its protections, and under federal law, marijuana use, possession, and distribution remain illegal — even for medical purposes.

State Law: Ohio’s Position on Marijuana Use and Employment

State laws can vary significantly regarding cannabis use and employment protections. For instance, Arizona’s Medical Marijuana Act protects employees from discrimination based on their legal use of medical marijuana. However, Ohio does not offer similar protections under its Civil Rights Act (R.C. § 4112 et seq.) or its marijuana legalization laws.

Ohio Revised Code § 3796.28(C) clearly states that it is not a violation for employers to discharge, refuse to hire, or discriminate against individuals based on their use of medical marijuana if it conflicts with the employer’s drug-free workplace policy. This means that even if you legally use cannabis in Ohio, your employer may still enforce a zero-tolerance policy and take adverse action against you.

What to Do If You Face Discrimination

If you believe you have been discriminated against due to your medical or recreational marijuana use, consulting an employment attorney is crucial. Legal professionals, such as those at Mansell Law LLC, can help you understand your rights and determine your next steps.

Conclusion

While marijuana use may be legal in Ohio, the intersection between cannabis and employment remains complex. Federal laws, state regulations, and individual employer policies all play a role in determining your rights as an employee. Stay informed and seek legal counsel if you face employment challenges related to cannabis use.

#CannabisInOhio #MedicalMarijuana #EmploymentLaw #OhioLaw #WorkplaceRights #CannabisLegalization #MarijuanaLaw #EmploymentDiscrimination #OhioEmployment #DrugFreeWorkplace #LegalAdvice #ADA #OhioMarijuana #RecreationalMarijuana #MedicalCannabis

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