Ohio’s medical marijuana law passed in 2016 and so began a two-year process to determine who will grow it and how it will be regulated.

It has also left business leaders with many questions as the September 8, 2018 implementation date approaches.

  • How does the new law impact current and future employees?
  • Can companies still enforce a drug-free workplace even if an employee has permission from a physician to use marijuana?
  • What policies need to be in place to protect the business?
  • What are the legal rights of the business?

It’s imperative for organizations in safety, public service, construction, trades, education, transportation/logistics and health care to maintain a drug-free workplace policy. If you’re a drug-free workplace, you need to remain so and prepare for the new law.

Here’s what you need to know about the law:

  • Nothing in the bill requires an employer to permit or accommodate an employee’s use of medical marijuana.
  • Nothing in the bill prohibits an employer from establishing and enforcing a drug testing policy or drug-free workplace policy.
  • Employers can discharge employees for medical marijuana if the use violated an employer’s drug-free workplace policy.
  • An employee is ineligible for worker’s compensation if they were under the influence of marijuana.

What your business needs to do to be prepared:

  • Review your policies and procedures.
  • Work with your legal team to update your drug-free workplace policy to ensure it accurately addresses the new law and any potential loopholes have been closed.
  • Have all employees sign and return the policy to human resources.
  • Proceed and enforce the policy.

“Change is inevitable. Progress is optional.” Tony Robbins

This new law provides businesses an opportunity to ask critical questions, update outdated policies and have open conversations with employees about what is expected. If you have questions about your drug testing requirements and options, we’re available to discuss in more detail.

We also provide BCI and FBI background checks for all medical marijuana owners, officers and board members of cultivators, processors and all testing labs and dispensaries.

Contact us at 614.961.7611 or admin@ohiopreemploymentservices.com.

About the Author OPES Team

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