Recreational marijuana became legal in Ohio in August of 2024, with select dispensaries offering products to adults over 21 years of age. However, this landmark change in state law doesn't necessarily guarantee protection in the workplace. While marijuana might be legal for personal use, many Ohio workers are left wondering; can smoking marijuana in Ohio get you fired? The answer, in many cases, is yes.
This article will explore how marijuana use, both recreational and medical, interacts with employment laws in Ohio and why obtaining a medical marijuana card is still the best choice for many residents.
A New Era
With the opening of recreational marijuana dispensaries in Ohio, the state has joined others across the U.S. in offering adults the opportunity to legally purchase and consume marijuana. However, only dispensaries with dual-use licenses are currently able to serve recreational customers, limiting the number of locations available for adult-use purchases. This has left many Ohioans eager for expanded access, but there’s a larger question looming; Can using marijuana, even legally, affect your job?
Yes, Ohio employers retain the right to fire employees for using marijuana, whether it's recreational or medical. Even though the state has legalized marijuana use for adults, private companies can still enforce their own drug policies. According to Ohio law, employers are not required to accommodate the use of marijuana, even for medical purposes.
Ohio’s legalization of recreational marijuana does not protect employees from being terminated if they test positive for marijuana. Employment law professor Sharona Hoffman of Case Western Reserve University explains, "Just because your state makes it legal to use marijuana does not mean that employers don’t have the power to say, ‘We don’t want our employees using it or coming to work after using it, and we can fire them.'"
For companies that enforce zero-tolerance policies on drug use, a positive drug test can lead to immediate termination, regardless of whether the marijuana use occurred off the clock.
Workplace Drug Testing in Ohio
Many Ohio employers, particularly in industries such as healthcare, transportation, and manufacturing, require routine drug testing as part of their employment policies. Marijuana can be detected in the system for varying lengths of time, depending on the type of test used:
Blood: Up to 12 hours after use (up to 30 days for chronic users)
Saliva: Up to 24 hours (up to 72 hours for frequent users)
Urine: 3 to 30 days, depending on usage
Hair follicles: Up to 90 days
Due to these long detection windows, even employees who use marijuana legally in their personal time could fail a drug test days or even weeks later. This creates a significant risk for workers, especially those subject to random or pre-employment drug screenings.
Legal Protections for Medical Marijuana Users in Ohio
While Ohio's medical marijuana program has been in place since 2016, medical marijuana users do not have comprehensive legal protection in the workplace. Though medical marijuana is legally accessible for patients with qualifying conditions, employers are not required to make accommodations for its use. This means that medical marijuana patients can still be fired if they test positive for THC, the active compound in marijuana.
There are certain legal gray areas when it comes to medical marijuana and employment law. Under the Americans with Disabilities Act (ADA), patients may be able to argue that medical marijuana is a reasonable accommodation for their condition. That said, employers can invoke the Direct Threat Defense, which allows them to argue that the employee poses a safety risk if they work while under the influence of marijuana.
Ultimately, while medical marijuana patients may have a slightly stronger case if fired, there is no guarantee of job protection under current Ohio law.
The Federal Complication
Despite Ohio’s state-level legalization, marijuana remains classified as a Schedule I drug under federal law, which puts it in the same category as heroin and LSD. This classification has significant implications for employers, especially those who operate across state lines or are subject to federal regulations, such as the Department of Transportation or federal contractors.
Federal law still prohibits marijuana use, and businesses that fall under federal jurisdiction may be required to maintain drug-free workplace policies. This means that even if Ohio law permits recreational or medical use, employees working for federally regulated companies may face stricter consequences for using marijuana.
Navigating Marijuana Use and Employment in Ohio
Ohio’s legalization of recreational marijuana has opened up new opportunities for adults across the state, but it has also created confusion and risks for workers. While smoking marijuana is now legal for personal use, employers retain the right to enforce their own drug policies, which could lead to termination for marijuana use, even outside of work hours.
For Ohioans who rely on marijuana for medical reasons, obtaining a medical marijuana card still offers significant advantages, including lower taxes, higher purchase limits, and access to a wider range of products. It’s essential for both recreational users and medical patients to understand the potential consequences in the workplace and to carefully consider their employment situation before using marijuana.
In the evolving landscape of marijuana legalization, staying informed about the intersection of marijuana use and employment law is key to navigating this new territory safely and responsibly.
Get Your Medical Marijuana Card Today!
Ohio continues to expand its medical marijuana program and make residents’ lives easier by passing new progressive legislation. The addition of new qualifying conditions means that many more people will now be eligible for their medical card.
If you think you could benefit from medical marijuana, there is a good chance you qualify!
You need your medical card to access any of Ohio’s medical dispensaries. Not to worry, because it is now easier than ever to get your card with Ohio Marijuana Card!
In Ohio, there are many conditions that may make you eligible for medical marijuana, and we hope the program continues to expand by adding more conditions soon! If you have questions about whether you qualify, we can help with that too!
In order to visit a dispensary in the State of Ohio, you will need your medical marijuana card. With telemedicine, you can even get your card from the comfort of your own home!
If you don’t already have your card, we can help! You can even have your appointment and recommendation on the same day!
Schedule an appointment with one of our physicians today to see if you qualify.
Doctors Who Care.
Relief You Can Trust.
Here at Ohio Marijuana Card, our goal is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.
If you have any questions, call us at (866) 457-5559, or simply book a medical marijuana evaluation to start getting relief you can trust today!
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