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Ohio’s new medical marijuana law takes effect next month. Employers should be reminded that business groups lobbied for an exception allowing employers with drug-free workplace policies to take adverse action against applicants and employees for medical marijuana use. Employers who want to prohibit employees from using medical marijuana on and/or off the job (or deny employment based on medical marijuana use detected in a pre-employment drug test) must establish drug-free workplace policies or revise their current ones to include a prohibition on marijuana use—preferably by specifically calling out medical marijuana use. Additionally, employers who utilize the state fund for workers’ compensation insurance can obtain a lower premium by establishing a drug-free workplace program that tests for cocaine, marijuana, methamphetamine, PCP and opiates.

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