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House Bill 523: The New Law that Legalizes Medical Marijuana

Question:

As an Ohio company, I am confused about what changes, if any, I need to make as a result of the implementation of House Bill 523, the new law that legalizes medical marijuana on September 6, 2016.  Does this mean my drug free workplace policies are no longer valid?

Answer:

No, this does not mean your drug free workplace policies are no longer valid.

Employers are still free to have drug free workplace policies and now is the time to look at your policy and make sure it can withstand the change.  Some legal counsels are recommending that policies be updated to state specifically that medical marijuana is prohibited under the policy.  If you make the change, be sure to distribute and explain the policy and have employees sign off on the acknowledgement.

With such a policy in place, employers may still have the right to discharge employees who fail a drug screen, even if it was due to the use of medical marijuana.  The discharge would be considered ‘just cause’ making them ineligible for unemployment.  In addition, an employee may not be eligible for workers’ compensation for their injury if their injury was the result of being under the influence of marijuana.

Be sure to make sure your policy is up to date and all employees are treated equally under the policy. (For the nitty gritty details, click here)

Do you struggle with doing what is right for your company and right for your employees when it comes to creating a Drug Free Workplace? Sometimes the “right” solution isn’t always easily identified. Strategic HR, inc. understands your dilemma of being between a rock and a hard place. We can provide you with best practices, policies and training when it comes to creating a Drug Free Workplace or any needs concerning the Health, Safety and Security of your workforce. Please visit our Health, Safety & Security or Training page for more information on any of these services.