Ohio Legalizes Marijuana for Adults, But That Does Not Mean It Is Take Your Pot to Work Day

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Andrew M. DeLucia Maria V. Martin

December 8, 2023

In November 2023, Ohio voters passed a citizen-initiated ballot[1]—specifically Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”)—that legalizes the possession, home cultivation, and retail sale of cannabis.  The Act took effect on December 7, 2023, making Ohio the 24th state to legalize recreational use of cannabis by adults.  The Act permits adults, age 21 and older, to (1) purchase and possess up to 2.5 ounces of cannabis; and (2) grow cannabis plants at home.  Since 2016, Ohio has permitted the use of medical marijuana under certain conditions, and many employers have implemented policies and procedures to address the use of medical marijuana.

It seems likely that the Act, which permits a much broader use of marijuana, will result in an increased amount of workplace situations related to the use of marijuana by employees.  For employers, however, the Act does not meaningfully alter an employers’ ability to regulate the workplace and maintain a drug-free workplace, including having a zero-tolerance policy.

Under the Act:

• Employers are permitted to conduct and enforce drug-testing policies
• Employers are not required to permit or accommodate an employee’s use, possession, or distribution of marijuana
• Employers are not required to condone an employee’s impairment in the workplace, even if caused by legally permissible off-duty use
• Employers are permitted to refuse to hire, discipline, or otherwise take an adverse employment action (including termination[2]) based on an employee’s use, possession, or distribution of marijuana.

Nevertheless, Ohio employers need to prepare for the likely increased amount of workplace situations stemming from marijuana use by employees, which could result in more workplace incidents and even injuries.  Accordingly, employers should:

• Carefully evaluate, and update, if necessary, their policies and procedures concerning the use of marijuana and for drug-testing
• Provide employees with clear notice of its policies and procedures related to marijuana or other drugs, notwithstanding the Act
• Consider implementing employee training regarding the use of marijuana or other drugs and the impact on the workplace

*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article. 

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.

[1] If a citizen in Ohio feels that an issue is not addressed properly (or at all) in the Ohio Constitution or by statute, the citizen can follow certain procedures outlined in the Ohio Constitution and in Ohio statutes to submit a proposed law to the people of Ohio for a statewide vote.

[2] Violation of a drug policy is a “just cause” termination under Ohio’s unemployment compensation law, which would disqualify an employee from receiving benefits.