Understanding Medical and Recreational Cannabis Use and Employment in Ohio

 Introduction:

As the legal landscape for cannabis use continues to evolve, many employees in Ohio find themselves navigating complex situations regarding their employment. Whether you’re using cannabis for medical reasons or recreationally, understanding your rights and how they intersect with your job is crucial. In this article, we explore the current laws surrounding cannabis use and employment in Ohio, highlighting the potential risks and what you can do if you face discrimination.

Medical and Recreational Cannabis Use and Employment in Ohio

Federal vs. State Laws: The Legal Framework
At the federal level, cannabis remains classified as a prohibited substance under the Federal Controlled Substances Act. This classification means that despite legalization at the state level, marijuana use is still illegal federally. Currently, 38 states have legalized medical marijuana, while 24 states, including Ohio, allow recreational use in small amounts.

The Americans with Disabilities Act (ADA) and Cannabis Use
If you’re using cannabis as prescribed medication for a disability, you might wonder if you’re protected under the Americans with Disabilities Act (ADA). Unfortunately, the ADA does not cover marijuana use, even when prescribed by a doctor. The Act specifically excludes individuals who engage in the illegal use of drugs from protection, and since marijuana is illegal under federal law, this exclusion applies to its use. For instance, in the case of Eccleston v. City of Waterbury, the court upheld that the ADA does not protect employees who use medical marijuana.

State Law: Ohio’s Stance on Cannabis and Employment
Unlike some states that offer protections for medical marijuana users, Ohio’s laws are less favorable for employees. Under Ohio Revised Code § 3796.28(C), employers are not violating Ohio’s Civil Rights Act if they take adverse action against an employee due to cannabis use, even if it’s for medical purposes. Employers in Ohio can legally enforce drug-free workplace policies, and if your cannabis use violates these policies, your job may be at risk.

What to Do If You Face Discrimination
If you believe you’ve been discriminated against because of your cannabis use, whether medical or recreational, it’s essential to seek legal advice. An employment attorney can help you understand your rights and explore your options. While Ohio law might not protect you, other legal avenues could be available depending on the specifics of your case.

Navigating the intersection of cannabis use and employment in Ohio can be challenging. With federal laws still prohibiting cannabis and Ohio laws offering limited protection, employees using medical or recreational cannabis must be aware of the potential risks to their employment. If you’re facing discrimination, consult with an experienced employment lawyer to safeguard your rights.

#OhioEmploymentLaw #MedicalMarijuana #CannabisRights #WorkplaceDiscrimination #OhioLaw #EmploymentAttorney #DrugFreeWorkplace #LegalCannabis #ADA #KnowYourRights

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