Even Though Cannabis Is Legal In Ohio, Employers Can Still Drug-Test Applicants

CLEVELAND – Though it is now legal for Ohioans to use cannabis, the 2023 passage of Issue 2 does not prevent employers from drug testing job applicants and employees and instituting zero-tolerance policies. Employers in Ohio are still permitted to penalize workers who use, possess or distribute marijuana.

But the City of Cleveland announced in December that it would eliminate pre-employment drug tests for some city jobs, Cleveland.Com reported.

“Pre-employment testing can oftentimes create obstacles in filling open positions by preventing otherwise qualified candidates from even applying,” said Matthew Cole, director of human resources for the City of Cleveland, in an email. “These policy updates are more cost-effective and will ultimately help us widen the applicant pool for several City positions.”

Katherine Mills, a Cleveland-based employment attorney at Fisher Phillips, says companies can still enforce pre-employment, random or reasonable suspicion testing of all employees.

Ohio became the 24th state to legalize recreational marijuana in November 2023.

Though it is now legal for Ohioans to use cannabis, the 2023 passage of Issue 2 does not prevent employers from drug testing job applicants and employees and instituting zero-tolerance policies. Employers in Ohio are still permitted to penalize workers who use, possess or distribute marijuana.

“Each employer will have to evaluate their business needs and balance that against what employees may choose or opt to do outside of work,” Mills said. “The bill language does specifically state, though, that employers do not have to permit cannabis use that impacts the workplace.”

Cleveland says it intends to maintain a drug-free workplace by making it known that employees are required to be fit for work and will be prohibited to work while impaired, meaning that they must be free from any kind of alcohol and drugs, including marijuana.

“It’s really going to be on a case-by-case basis for employers to evaluate their situation and then determine what is going to be the best course of action, both for the business and for their employees,” Mills said.

The City of Cleveland has decided to only drug test for certain positions, like those identified as safety or security jobs or those that fall under the federal Department of Transportation.

“We are constantly evaluating our policies to ensure they align with the needs and desires of both our current and prospective employees,” Cole said via email.

Whatever a company decides, Mills says it needs to update its employee handbook and published policies so that employees know that even though marijuana is legal, it may still be prohibited in their workplace.

The National Organization for the Reform of Marijuana Laws, or NORML, advocates for cannabis legalization. They say some states that have legalized marijuana go further and prohibit the firing or hiring of an employee based on a drug test.

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