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Marijuana Legalization by State.
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Our intent is to make drug screening compliance as simple as possible. you don’t have to be a constitutional law scholar to conduct workplace drug testing in Ohio.
Ohio is a “voluntary” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply (the rules).
This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
Under Ohio law, employers are not required to permit or accommodate an employee's use, possession, or distribution of medical marijuana in or out of the workplace. Employers can refuse to hire, discharge, and discipline an individual because that individual uses medical marijuana. Employers can prohibit employees from being impaired by or under the influence of medical marijuana while at work. Employers should ensure that their substance abuse policy directly addresses how they intend to treat medical marijuana use both on and off duty.
Q1. Do I have to test for marijuana? Yes: No:
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Disclaimer
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: The employee or potential employee must be a qualified user. Must be registered with the state, and received a recommendation from a physician. Medical Marijuana can be used in oils, edibles, and plant materials.
Personal Use: The law specifically provides that employers have the right to maintain a drug and alcohol-free workplace and does not require an employer to accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace. The law further states that it does not affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees or prevent employers from complying with state or federal law.
Hill v National Collegiate Athletic Association, 7Cal. 4th 1, 865 P.2d 633 (CA S.Ct. 1994).
NCAA won.
The first case where CA Supreme Court interpreted the Privacy Initiative. Limits private employer action.
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