Marijuana - Ohio

Medical marijuana

Ohio law allows marijuana to be used to treat qualifying medical conditions. The smoking of medical marijuana is prohibited. Oils, tinctures, plant material, edibles, and patches may be dispensed. Vaporization is permitted.

An employer is not required to permit or accommodate an employee's use, possession, or distribution of medical marijuana.

An employer may:

• Enforce a drug testing policy.
• Enforce a drug-free workplace or zero-tolerance drug policy.
• Refuse to hire, discharge, discipline, or otherwise take an adverse employment action against a person because of that person’s use, possession, or distribution of medical marijuana.
• Establish and enforce a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy.
• Receive a discount on workers’ compensation premiums for participating in a drug-free workplace program.

It is a not a violation of the state’s anti-discrimination law if an employer discharges, refuses to hire, or otherwise discriminates against a person because of that person's use of medical marijuana if the person's use of medical marijuana is in violation of the employer's drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana.

A person cannot commence a cause of action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment related to medical marijuana.

A person discharged from employment because of medical marijuana use is considered to have been discharged for just cause for purposes of unemployment compensation if the person’s use of medical marijuana was in violation of an employer’s drug-free workplace policy, zero-tolerance policy, or other formal program or policy regulating the use of medical marijuana.

An employee may be ineligible for workers’ compensation benefits if the employee was under the influence of marijuana at the time of the injury and that use was a cause of the injury.

Recreational marijuana

Ohio voters legalized recreational marijuana in November 2023.

The law protects an employer's authority to establish hiring and employment policies and practices. Nothing in the act requires an employer to permit or accommodate an employee's use, possession, or distribution of adult use cannabis.

An employer may:

• Refuse to hire, discharge, discipline, or otherwise take an adverse employment action against an individual because of that individual's use, possession, or distribution of cannabis; and
• Establish and enforce a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy.

An individual may not take action against an employer for refusing to hire, discharging, disciplining, discriminating, retaliating, or otherwise taking an 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.

An employer may still receive rebates or discounts on workers' compensation insurance for participating in a drug-free workplace program established under state law.

An individual terminated because of cannabis use shall be considered to be discharged for just cause if the use was in violation of an employer's drug-free workplace policy, zero-tolerance policy, or another formal program or policy regarding cannabis use.

In addition, individuals are prohibited from operating a motor vehicle while using cannabis or while under the influence of cannabis.

The Division of Cannabis Control within the Ohio Department of Commerce oversees rulemaking and licensing processes.