CLEVELAND — Though we still have about a month until recreational marijuana is officially legal in Ohio (and even longer until you can buy it in a licensed dispensary), legal experts are breaking down what you need to know before that happens.
"An employer can still terminate you; you can be fired for your use of marijuana," Karina Conley, partner at the McDonald Hopkins law firm in Cleveland, said. "Even if it's legal in Ohio and even if you're doing it while you're not working."
Conley works on the firm's labor and employment group, and notes specific language in the statute highlights employer rights, and policies will be up to each individual workplace. She says if you fail a drug test, you won't be eligible for workers compensation, though testing parameters could vary with marijuana lasting in your system longer than alcohol.
And if you are fired, you won't be able to file a lawsuit.
"If an employer terminates an employee in Ohio for their use of cannabis — even if that is a lawful use or off-duty use — that employer is not able to be sued for terminating or disciplining or refusing to hire someone who fails a drug test," Conley added.
Conley told 3News the transition is confusing for businesses, too, as they are unsure of what the next "golden standard" should be.
"We're getting a lot of calls from clients about reviewing, updating, and even ramping up their employment policies," Conley said. "There is a gray area of do we want to enforce this policy, or now that its recreational do we want to look the other way?"