Ohio voters approved a ballot measure to legalize recreational marijuana, which will take effect on December 7, 2023. Ohio is the 24th state to legalize recreational marijuana for adults 21 and over.
Ohio’s law does not require employers to permit or accommodate an employee’s use, possession, or distribution of marijuana in the workplace. Small business owners should begin planning now for this change in their workplace policies and procedures.
Here are a few things to consider:
1. What is your current policy on drugs in the workplace? Review your policy to align with the current environment and your stance on drugs in the workplace. Employers can continue to enforce a drug-free workplace and drug testing policies.
2. If an applicant uses marijuana lawfully and off-duty, would you consider them for employment? Update your hiring practices to address this issue before the law goes into effect. Drug testing would alert employers to this fact during the offer period. Having a plan in place as to how a positive drug test for marijuana would be handled would keep the hiring process moving smoothly and consistently.
3. How will you prepare your managers to recognize the signs of cannabis use? To enforce a drug-free workplace policy, employers will need to recognize the signs and be prepared to discipline violators.
4. What policies will you implement barring the use of cannabis during work hours to help prevent accidents? Will the penalties for employees caught using cannabis be as severe as in the past (i.e., first offense = termination). Or will you add some layers to the disciplinary procedures to slow turnover rates now that marijuana is legal for recreational use?
Small business owners can proactively plan for the legalization of recreational marijuana in their workplaces by considering these questions. By not addressing this change in the law, businesses are at a higher risk of having workplace accidents due to a lack of policies and procedures.