Ohio Employer Actions to Be Ready for Legalized Recreational Marijuana

Last week, we shared the news that Issue 2 (limited legalized adult purchase and use of recreational marijuana) passed on November 7, 2023. The full text of the law can be found here. Issue 2 does not impact, at least for now, already in-place employer rights and obligations. But it will impact the workplace. And Ohio employers are expecting to see more use in the workplace. Thus, workplace behavior, safety, and other employment issues may need to be looked at proactively before the law goes into effect on January 1, 2024. Here are a few things employers can do now to prepare for the new law:

1. Review policies and procedures to ensure they consider marijuana use in the workplace. A few examples include:
   a. Prohibited Items
   b. Drug Testing
   c. Drug-free Workplace
   d. Last Chance
   e. Safety
   f. Work-related Injuries/Workers’ Compensation
   g. Breaks/Lunches
   h. Discipline
   i. Termination
2. Communicate any policy updates.
3. Offer training. A few examples include:
   a. Training for all employees on updated policies
   b. Training for supervisors
   c. Training for human resources professionals

This to-do list will evolve between now and the law’s effective date, and employers can expect a few bumps in the road. Being proactive will help ensure they don’t feel like rumble strips.

MRA’s expert advisors will be closely monitoring the status of the law and its impact on employers. Watch your inbox and call the Hotline at 866-HR-Hotline for updates.