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Summary of differences between federal and state regulations
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 has no state laws legalizing marijuana for recreational purposes.
State
Ohio Revised Code Title 37, Chapter 3796, Medical Marijuana Control Program