Ohio voters have approved the legalization of recreational marijuana for adults aged 21 and older, with the law set to become effective on December 7, 2023. This significant change has raised concerns among employers about how it will impact the workplace, prompting the need for updates to employee handbooks. Here are the key points, including considerations for handbook revisions:

Legal Framework (Revised Code § 3780.35): The new law, outlined in Revised Code § 3780.35, asserts that employers are not obligated to permit or accommodate an employee's use, possession, or distribution of marijuana.

Employer Rights: Employers retain the right to conduct drug tests for both applicants and employees. They can make employment decisions based on positive marijuana test results. Employers are also allowed to maintain drug-free workplace policies, prohibiting employees from using marijuana, whether for recreational or medicinal purposes.

Federal Standards and Drug-Free Workplace Programs: The reference to marijuana as a Schedule I narcotic under federal standards implies that businesses working with the federal government must adhere to the Drug-Free Workplace Act of 1988. This act mandates employers to maintain a drug-free workplace.

Initiated Statute and Potential Amendments: The new law is an initiated statute, subject to potential amendments by the Ohio General Assembly. While some members and Governor Mike DeWine have expressed intentions to revise the framework, the extent of these revisions remains uncertain. The employer protections provided in Revised Code § 3780.35 may remain largely intact.

Employee Handbooks: In response to the legalization of recreational marijuana, employers are advised to review and update their employee handbooks. Key considerations for handbook updates may include:

Drug Policies: Clearly articulate the company's stance on marijuana use, both recreationally and medicinally. Specify that the company prohibits the use, possession, or distribution of marijuana on the premises or during work hours.

Testing Policies: Outline the company's drug testing policies for both pre-employment and ongoing employment. Clearly communicate the consequences of a positive marijuana test, such as potential disciplinary actions or employment termination.

Compliance with Laws: Ensure that the handbook emphasizes compliance with both state and federal laws regarding marijuana use. Address any requirements related to federal contracts or funding that mandate a drug-free workplace.

Communication: Clearly communicate the updated policies to employees, providing information on what is and is not acceptable behavior regarding marijuana use. Employees should be aware of the consequences of violating these policies.

In summary, as Ohio moves towards the legalization of recreational marijuana, employers should take proactive steps to review and update their employee handbooks. Clear communication of updated drug policies and testing procedures is essential to ensure compliance, maintain a safe work environment, and manage potential legal risks. Regularly monitoring for potential amendments to state laws and federal standards is also advisable to stay abreast of any changes affecting the workplace.

How My HR Extension Can Help!

In the wake of Ohio's recent legalization of recreational marijuana, it is imperative for all companies to proactively update their employee handbooks. Failing to address the implications of this legislative change can potentially lead to legal issues in the future. By investing time and effort upfront to revise and clarify policies, companies can safeguard themselves from potential legal challenges down the line. To navigate the complexities of these evolving regulations with precision, companies are encouraged to seek professional assistance.

My HR Extension offers specialized services for reviewing and updating drug and alcohol policies and procedures, providing businesses with the expertise needed to navigate these new territories accurately and confidently. By partnering with My HR Extension, companies can ensure that their handbooks align with the latest legal standards, fostering a compliant and secure workplace environment. Taking these proactive measures now will undoubtedly save companies from potential legal entanglements in the future.