Earlier this month, Ohio Gov. John Kasich signed House Bill 523 into law, making Ohio the 25th state to legalize medical marijuana. Those with HIV/AIDS, Alzheimer’s, cancer, epilepsy, glaucoma, or one of several other medical conditions may qualify for medical marijuana with their doctor’s recommendation. Many employers may be concerned that come September when the law goes into effect, employees will start coming into work under the influence, affecting both safety and productivity in the process. They likely don’t need to worry, though – the new law has built in several protections for employers. Nothing in the new medical marijuana law:
- Requires employers to permit or accommodate an employee’s use, possession, or distribution of medical marijuana;
- Prohibits employers from disciplining, terminating, refusing to hire, or otherwise taking an adverse employment action because of that person’s use, possession, or distribution of medical marijuana;
- Prohibits employers from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy;
- Interferes with any federal laws (remember, marijuana use, medical or otherwise, is still illegal under federal law);
- Permits an employee to sue an employer for disciplining, terminating, refusing to hire, or otherwise taking an adverse employment action because of that person’s use, possession, or distribution of medical marijuana.