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In Ohio, Using Medical Marijuana Is Not Protected Activity Under Discrimination Statutes

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By Adair Smith

Cincinnati Employment Newsletter
December 13, 2018

Under Ohio’s medical marijuana law, cannabis use is not protected activity. Therefore, an employee using medical marijuana cannot argue that their employer’s drug policy is discriminatory. It is also important to note that, in some states, using medical marijuana may be considered protected activity. Additionally, several lawsuits have been brought concerning whether the Americans with Disabilities Act (ADA) requires employers to accommodate an employees’ use of medical marijuana. To date, there is no published federal law holding that an employee’s use of medical marijuana is protected under the ADA