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Employers Should Have Explicit Drug Testing Policies That Address Marijuana

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By Adair Smith

Cincinnati Employment Newsletter
December 13, 2018

In light of the legalization of medical marijuana in Ohio, employers with drug free workplaces should implement a policy that explicitly addresses marijuana use. Despite its legality for specified medical purposes in Ohio, House Bill 523 states that an employer may prohibit any drug usage, including medical marijuana, under its workplace drug policy. Therefore, employers who drug test should have a clear policy in place that addresses whether the workplace has a zero-tolerance policy; and, if medicinal use of marijuana is allowed, how to determine if an employee is a qualified user of medical marijuana. Having a clear policy in place will remove any “gray area” as to whether lawful medical marijuana use is appropriate for employees.