Following passage of Issue 2 in November 2023, Ohioans can start using recreational marijuana legally in December 2023. Medical marijuana use has been legal in Ohio since 2016, allowing individuals with certain conditions or diseases to get a medical marijuana prescription from their doctor. If an employee chooses to use marijuana recreationally or medically, however, there could be unintended consequences for their job — even when that use occurs while off-duty.
First, employers are not required to permit or accommodate their employees’ use of marijuana — whether recreational or medical. Employers who have a zero-tolerance drug policy are not required to make any exception for employees who have been approved for medical marijuana.
Second, employees may use marijuana off-duty but test positive in a workplace drug test weeks later. A positive drug test result may violate an employers’ drug policy and so result in discharge or discipline. If the employer consistently enforces its drug policy, any employee discharged or disciplined that policy is unlikely to have a legal claim against their employer.
Third, if employees’ use of marijuana violates a workplace drug policy, employers may discharge them “for cause.” A discharge “for cause” will make the employees ineligible for unemployment compensation.
Fourth, employees who suffer a workplace injury may claim workers’ compensation benefits. But if they test positive for drug use following the injury, their employers may use the result to support a defense against the claim. When an injury results from an employee being intoxicated or under the influence of marijuana, the workers’ compensation claim will be denied.
Before using marijuana, including to manage symptoms of health conditions, find out the possible effects it may have on your job. Even a doctor’s recommendation may not ensure that your marijuana use will be tolerated or protected in the workplace. If you are concerned about your legal rights, talk with an attorney before you begin using marijuana.
This information was updated in April 2024.