What do we know about the impact on employers of the proposed Act to Control and Regulate Adult Use of Cannabis on Ohio’s ballot this November?

(August 2023)

The proposed Act to Control and Regulate Adult Use of Cannabis (the Act), if passed, will require employers to make important decisions about their drug-free workplace policies. Following is key information employers should understand as they consider their next steps.

The Act will not require an employer to permit or accommodate an employee’s use, possession, or distribution of adult-use cannabis that is in compliance with the Act.

The Act does not prohibit an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hiring, tenure, terms, conditions, or privileges of employment because of that individual’s use, possession, or distribution of cannabis that is in compliance with the Act.

The Act does not prohibit an employer from establishing and enforcing a drug-testing policy, drug-free workplace policy, or zero-tolerance drug policy.

The Act does not interfere with any federal restrictions on employment, including the regulations adopted by the United States Department of Transportation in Title 49 of the Code of Federal Regulations.

The Act does not permit an individual to commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking adverse employment action against an individual with respect to hiring, tenure, terms, conditions, or privileges of employment related to the individual’s use of cannabis.

The Act does not affect the authority of the Administrator of Workers’ Compensation to grant rebates or discounts on premium rates to employers that participate in a drug-free workplace program.

The Act creates a presumption that an individual who is discharged from employment because of that individual’s use of cannabis shall be considered to have been discharged for just cause if the individual’s use of cannabis was in violation of an employer’s drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of cannabis.

This is the time to start reviewing your handbook and drug-free workplace policy. Contact info@workingpartners.com or (614) 337-8200 to start your review.