Medical and recreational marijuana have gained much attention on federal and state platforms. Here is what employers (and employees) need to know. Medical use is governed in Ohio by the Ohio Medical Marijuana Control Program (OMMCP) and allows patients with qualifying medical conditions to access medical cannabis through state-licensed dispensaries. Medical cards are fairly easy to obtain online with a certified physician. Employers should seek legal counsel to understand how this effects pre-employment drug screening, random drug testing of employees, and potential ADA issues.
Recreational use of marijuana is also legal in Ohio, but employers have the right to continue to impose policies precluding the hiring of candidates who test positive. Employers should be mindful that doing so will limit the pool of eligible candidates.