The ballot initiative known as Issue 2, which legalizes the recreational use of marijuana in Ohio, passed following the November 7, 2023, election by a margin of 57 percent to 43 percent. As a result, effective December 7, 2023, adults who are 21 or older can now legally consume marijuana for recreational purposes. In addition, Ohioans who are 21 or older will be able to grow their own marijuana plants in their home, provided that they comply with the limits related to the total number of plants in the household.

What does this mean for Ohio employers?

Really, it doesn’t mean a whole lot. Why is that? The language of the ballot initiative protects employers’ rights to establish employment related policies and practices related to marijuana use. Nothing in the new law will impact an Ohio employer’s right to establish both hiring and drug-free workplace policies that relate to marijuana.

These include:

• An employer can establish hiring and employment policies and practices related to recreational marijuana use.
• An employer is not required to permit the use, possession, or distribution of marijuana by employees, either inside or outside of the workplace.
• An employer can refuse to hire and may choose to terminate or discipline employees for use of recreational marijuana, including off-duty use.
• An employer can have a drug-free workplace policy or a drug testing policy.  And these include a “zero tolerance” policy related to recreational marijuana use.

Also, nothing in the new law would interfere with any federal laws or federal regulations related to employment, including employers who are subject to Department of Transportation commercial drivers’ license regulations.

And nothing in the new law gives employees or applicants the right to file complaints or lawsuits against employers for failing to hire, for discharging, or for disciplining employees for the recreational use of marijuana.

Workers’ compensation laws are also unaffected. Employers are still eligible for rebates and discounts if they have a drug-free workplace policy.

Issue 2 allows the recreational use of marijuana by adults 21 and over, but what it doesn’t do is interfere with employers’ rights to establish hiring practices, employment policies, drug testing policies, and drug-free workplace policies related to marijuana use.

Employers should evaluate the needs of their individual business, including those that have safety sensitive jobs, to determine what employment policies need to be reviewed or changed in light of the new law, if at all.

Note that the ballot initiative also contains provisions related to the cultivation, licensing and sale of marijuana for recreational purposes in the state. These provisions will not be fully implemented until the fall of 2024.  
 
Please reach out to Paul Bittner or any member of the Ice Miller Workplace Solutions Practice Group if you have questions regarding Ohio’s new recreational marijuana law. And you can always call Paul if you want to talk about college football or NHL hockey.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.