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Medical Marijuana in Ohio – So Now What?

Medical Marijuana in Ohio – So Now What?

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legal_marijuana2On June 8, 2016 Ohio’s Governor signed a plan to legalize medical marijuana into law.  This made Ohio the 25th state to approve its use.  The bill became effective 90 days later on September 6, 2016.  Ohioans will not be able to purchase medical marijuana in state, however, until 2017 or early 2018 after the Department of Commerce creates rules for those who will grow and dispense the drug and doctors obtain certificates from the Ohio State Medical Association to prescribe medical marijuana.

What kind of marijuana can be used?

Under Ohio’s law, it is still illegal to smoke marijuana even if purchased out of state.  On the other hand, vaporizers, edibles and oils are OK.  Recreational use of marijuana continues to be illegal.

What medical conditions will qualify?

Medical marijuana can be used for AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or other seizure disorders, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s Syndrome, traumatic brain injury and ulcerative colitis.

Who will grow marijuana?

No one may grow medical marijuana at home or for personal use. People who want to grow medical marijuana commercially must apply to the Ohio Department of Commerce. They cannot grow marijuana within 500 feet of a school, public playground, church, public park or public library. People with certain criminal convictions are disqualified from growing marijuana.

Who can recommend its use?

Physicians who are certified by the Ohio State Medical Association are the only ones who can make that call. They could be disqualified from certification if they have a financial interest in growing marijuana, have lost their license to practice medicine, or have been convicted of certain crimes. Before recommending medical marijuana, doctors must attend at least 2 hours of training in diagnosing and treating conditions with it.

Can I be fired from work for using medical marijuana?

Yes, despite opposition from some in Ohio, the law allows employers to fire employees who violate office policies against marijuana use – even if the marijuana was recommended by a physician. If fired for marijuana use, a person will not receive unemployment compensation.

Can Ohioans still vote on medical marijuana in November 2016?

Several groups were interested in placing a marijuana proposal on the November 2016 ballot. Each group decided, however, against doing it. The effort was too costly and unpredictable in this presidential election year.  The reality is that raising funds for medical marijuana policy changes became incredibly difficult especially given the improvements made by the Ohio General Assembly and the fact that Ohio’s Governor signed the bill.

NOTE: The contents of this article are not legal advice for your particular situation.  You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.

Tom_Coz

Thomas A. Coz
Vice President of Legal & Compliance

Workplace Clarity Goes Up in Smoke as Ohio Employers Weed Out the Conditions of Employment for Medical Marijuana Patients

Workplace Clarity Goes Up in Smoke as Ohio Employers Weed Out the Conditions of Employment for Medical Marijuana Patients

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Ohio House Bill 523 legalizing marijuana for medicinal purposes only officially went into law in early September allowing its use in edible, oil, vapor, patch, tincture and plant matter form. Smoking and home-growing of pot remains illegal.

Ohio is now the 25th state to legalize medicinal marijuana.

Although certain aspects of the state law were left intentionally vague by legislators, such as where patients will be able to obtain marijuana, H.B. 523 was fairly specific in providing direction for employers.

Ohio is an at-will state, which means employers can fire an employee for any reason, or no reason at all.

The bill protects that right by NOT requiring an employer to permit or accommodate an employee’s use, possession, or distribution of medicinal marijuana.

Further, it allows an employer to refuse to hire, discharge, discipline, or otherwise take an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s use, possession, or distribution of medical marijuana.

In other words, medical marijuana patients could be fired for marijuana use, even if it’s not while at work and a doctor approved it, if the employer has a drug-free or zero tolerance policy on the books.

H.B. 523 clearly states that employers remain free to continue in their operations as if marijuana remained fully illegal under state law, irrespective of the new medical marijuana law.

Although the bill’s language seems to make following the law as straightforward as an employer can reasonably expect, the Occupational Safety and Health Administration’s (“OSHA”) new accident reporting rule complicates matters as federal rules about automatic post-accident drug testing have changed.

According to OSHA, blanket post-accident testing, without cause, infringes on workers’ privacy rights and OSHA is advising employers to limit such testing to situations where drug use likely contributed to the accident.

The combination of legalized medical marijuana and new accident reporting rules makes this the perfect time to review workplace drug policies.

This is the first of a two-part series discussing the impact of legalized medical marijuana on the workplace, specifically as it applies to Ohio businesses. We will continue the conversation next week in this space.

NOTE: The contents of this article are not legal advice for your particular situation.  You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.

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