COLUMBUS, Ohio — Although Ohioans can now smoke marijuana recreationally, that doesn’t mean they can’t get in trouble at all for using it. 

What You Need To Know

  • Employers are not required to revise their company drug policy 

  • Ohioans can still get fired if they fail a drug test 

  • It's unlikely that corporations and organizations would change their drug policy until marijuana becomes legal on a federal level

Issue 2, which legalizes recreational marijuana, has officially become law, but it doesn’t mean it comes without obstacles. As a citizen-initiated statute, the legislature is free to make provisions on it. Aside from the legal fate of the legislation, there can also be complications with employer policies. 

“An employer is still well within its rights to still have a workplace program and include marijuana in that, just as if it were still a completely illegal drug,” said Chris Lalak, who has his own firm as a labor attorney. “They are allowed to test for that. They don't have to accommodate for it, even if there is a medicinal use for it.”

Ohio is the 24th state to legalize recreational marijuana, but it is still illegal on the federal level. Many corporations and businesses operate on a national or even global scale, which is why many employers have no concern or push to change or modify their drug policies anytime soon.  

“The next step, as far as requiring employers to accommodate it, as I see it, there's going to need to be some sort of a clarification as to federal law, a change in federal law in order for that to be, I think, feasible,” said Lalak. 

If an employee fails a drug test, their company can still fire them with cause. This decision could also deny a person’s right to unemployment. Experts urge Ohioans to double check their jobs drug policy. 

“All employees should be aware of what their employer's plan is to approach this, because some may or may not test for it,” said Lalak. “Employers should not just assume that they can now use marijuana, and it won’t impact their job or it won’t effect their rights to continue working.”

Changes to Issue 2 are on the horizon. On Wednesday, the Ohio Senate passed a bill that would limit the amount of marijuana Ohioans can grow at home. It would also increase the tax on it and lower the percentage of THC allowed. The legislation capped the number of marijuana retailers to 350, and will allow for adults 21 and older to buy cannabis from existing medical dispensaries as “the adult recreational use” market is established. Adults will be able to buy 90 days after the provisions are passed. 

The bill also added an automatic expungement for certain cannabis related convictions. Currently, Ohioans can grow up to six plants at home and smoke it without any criminal consequences, but it won’t be accessible for purchase in dispensaries until March.

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