he following descriptions and definitions provided by your Columbus employment lawyers are brief overviews of employment laws and employee rights in Ohio. These Ohio Labor Laws and their application to your situation are complex. This is not legal advice and should not be relied on as such.
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Medical and Recreational Cannabis (Marijuana) Use and Employment in Ohio
Medical and Recreational Cannabis
(Marijuana) Use and Employment in Ohio
Medical and Recreational Cannabis (Marijuana)
Use and Employment in Ohio – Prohibition,
Discrimination, Termination
My employer prohibits me from using cannabis, even though I have a prescription.
I have legally purchased and used marijuana; it is legal in Ohio, but my employer now
threatens to terminate my employment.
My supervisor told me that I was going to be terminated if I used my prescribed
cannabis/marijuana.
Many employees encounter one of these or similar issues related to the use of cannabis
(marijuana) and their jobs. Some people wonder whether it is illegal for employers to
prohibit employees from using prescribed or legally purchased cannabis. Since more states
are moving towards marijuana legalization, you may want to know what employment law
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says about it. This article discusses current regulations on cannabis use by employees in
Ohio.
Legislative Framework
At the federal level, cannabis is a prohibited drug under the Federal Controlled Substances
Act. However, in 38 states, cannabis is legal for medical use, and in addition to that, 24
states (including Ohio), two territories, and D.C. have legalized small amounts of cannabis
for adult recreational use.
Americans with Disabilities Act of 1990
My doctor prescribed me to take marijuana as a medication for my disability. Am I
protected under the federal Americans with Disabilities Act ADA?
Unfortunately, the ADA does not protect against discrimination based on the use of
marijuana, even if an employee uses it to treat symptoms of his/her disability. § 12114 of
the ADA excludes from qualified individuals with disabilities, protected under the Act, those
who engage in the illegal use of drugs. Although the ADA provides an explicit exception for
prescription drug use under the supervision of a physician, federal law still prohibits the use,
possession, and distribution of marijuana, even for medical purposes. See Eccleston v. City of
Waterbury, 2021 U.S. Dist. LEXIS 52835 (D. Conn. 2021).
Similarly, there is no other federal law that would protect an employee from adverse
employment action based on the fact of his or her marijuana use.
State Law for Marijuana Use in Employment
State law may protect you from discrimination based on cannabis use, but it depends on
the jurisdiction and provisions of the specific law. This protection from discrimination may
apply only to the use of medical cannabis or to both medical and recreational.
For example, Arizona Medical Marijuana Act was enacted by Arizona voters by ballot
initiative. Among other things, it includes an anti-discrimination provision that prohibits
employers from discriminating against registered qualifying patients’ positive drug tests for
marijuana components. See Whitmire v. Wal-Mart Stores Inc., 359 F. Supp. 3d 761, 774 (D.
Ariz. 2019). Therefore, it is illegal for employers in Arizona to discriminate (i.e., to take
adverse employment action, to terminate, etc.) employees because they use medical
cannabis.
In Ohio, there is no such protection under Ohio’s Civil Rights Act, R.C. § 4112 et seq., and
Ohio laws legalizing medical and recreational adult marijuana use. Thus, Ohio Revised Code
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§ 3796.28(C) explicitly states that it is not a violation of Ohio’s Civil Rights Act, 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.
If you believe that you have been discriminated against for the use of prescribed or
recreational marijuana, you should talk to an employment attorney to determine your
further options. Contact the employment lawyers and Mansell Law LLC to learn more
about your legal rights in the Ohio workplace.
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