Last updated : December 16, 2024
Earlier this month, Governor John Kasich approved House Bill 523, legalizing marijuana for medical use. Ohio will be the 25th state to approve its use. The bill will go into effect in September, 2016, but it will be a while before the product is available in Ohio. Once it is legal, people who have a prescription for medical marijuana will be permitted to purchase it, with their prescription, and bring it into Ohio. They probably won’t be able to get it here until 2017 or 2018.
Who will be able to obtain medical marijuana?
Conditions that a physician could prescribe marijuana for include: HIV/AIDS, Alzheimer’s disease, Amyotrophic lateral sclerosis (ALS), cancer, chronic traumatic encephalopathy (CTE), Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is chronic, severe and intractable, Parkinson’s disease, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury and ulcerative colitis. Individuals can petition the state medical board to add conditions.
Can marijuana be smoked for medical use?
Under this law, it’s still illegal to smoke marijuana – even if you buy it out of state. Vaporizers, edibles and oils will be OK.
As an employer, can I “say no” to medical marijuana?
Yes, you can, IF you have a solid drug-free workplace or drug-free safety policy in place. The state Supreme Courts in several states have all upheld the employer’s right to terminate medical marijuana users and there are numerous cases that demonstrate that. Why is that? These courts have based their decisions on the fact that marijuana remains illegal under federal law. It will be very important for companies to determine if they have any ties to the federal government and, if they do, be certain that they have a drug-free workplace policy in place. And, even if they don’t work with the federal government, they can still terminate an employee with a positive drug test result, even if that employee has a prescription.
Act now
If your company does not have a drug-free workplace policy in place already and you are concerned about safety and employees being under the influence, the time to act is now. You’ll want to contact a reputable drug testing company to assist you with creating your policy to insure that it includes all of the required elements and that it protects you, the employer. An additional benefit that can be gained if you have a drug-free safety policy in the state of Ohio is that there are programs where you can receive Workers’ Compensation discounts and Safety Grants for policy creation and training through the Ohio Bureau of Workers’ Compensation. By acting now, you can have the peace of mind that comes with having a drug-free workplace that is designed to keep your company and its employees safe, productive and less prone to accidents due to impairment.
