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Christopher D.

Ohio Marijuana Laws: Employers Adapt to Recreational Marijuana

Ohio’s marijuana landscape underwent a seismic shift on August 6, 2024, when recreational marijuana dispensaries officially opened their doors. As the 24th state to legalize recreational marijuana, Ohio has introduced a new era of accessibility for adults aged 21 and older. 


With these changes come significant implications for employers, employees, and medical marijuana patients alike. In this article, we’ll explore how Ohio employers are navigating the evolving legal framework and why obtaining a medical marijuana card remains a smart choice for many residents.


Recreational Marijuana Laws in Ohio

Recreational marijuana legalization in Ohio has brought new opportunities for adult consumers but also new challenges for employers. Under state law, individuals 21 and older can legally purchase and possess up to 2.5 ounces of marijuana or 15 grams of marijuana concentrates. Home cultivation of up to six plants per person (12 per household) is also permitted.


However, not all dispensaries are available for recreational customers. Only dispensaries with dual-use licenses can serve both recreational and medical marijuana users, leaving some patients and consumers searching for accessible locations. This uneven rollout underscores the importance of understanding the laws and navigating the system effectively.


Employers and Marijuana Use

Ohio Revised Code 3780.35 and 3796.28 provide employers with significant authority to enforce workplace drug policies, even with recreational marijuana now legal. Employers can still:


  • Conduct drug tests for marijuana.

  • Enforce zero-tolerance drug policies.

  • Discipline or terminate employees for marijuana use if it violates workplace rules.


This means employees who use marijuana recreationally may face consequences if their use interferes with workplace policies, even if their consumption is legal outside of work hours. For employers, balancing federal and state regulations while respecting employee privacy presents a new challenge.


Key Considerations for Employers:


  • Federal Compliance: Marijuana remains a Schedule I controlled substance under federal law, impacting federally regulated industries like transportation.

  • Workplace Safety: Employers must ensure that employees are not under the influence while performing safety-sensitive tasks.

  • Policy Updates: Companies should update their drug policies to address marijuana use explicitly and consider training supervisors to recognize impairment.


Why Medical Marijuana Is the Right Choice in Ohio

While recreational marijuana has garnered much attention, Ohio's medical marijuana program continues to offer distinct advantages for patients. Here’s why obtaining a medical marijuana card might be the better choice:


1. Lower Taxes for Medical Marijuana

Recreational marijuana purchases in Ohio are subject to a 10% excise tax, in addition to state and local sales taxes. Medical marijuana, on the other hand, is exempt from the excise tax, making it a more affordable option for patients who need consistent access to their medication.


2. Higher Purchase Limits

Medical marijuana patients are allowed to purchase and possess higher quantities of marijuana compared to recreational users. This ensures that patients with chronic conditions can maintain a sufficient supply without frequent trips to the dispensary.


3. Priority Access at Dispensaries

Not all dispensaries in Ohio cater to recreational users. Medical marijuana patients, however, have guaranteed access at licensed dispensaries, many of which prioritize medical sales over recreational.


4. Legal Protections for Medical Use

Medical marijuana patients often have stronger legal protections compared to recreational users. For instance, using medical marijuana under the guidance of a physician can help mitigate potential workplace disputes related to marijuana use.


Ohio Employers and the Challenges of Marijuana Testing

One of the most significant hurdles for Ohio employers is addressing marijuana impairment in the workplace. Unlike alcohol, there’s no reliable on-the-spot test to determine if an individual is actively under the influence of marijuana. This creates a gray area for employers trying to maintain a drug-free workplace while respecting employee rights.


Addressing Impairment:


  • Training Supervisors: Employers should invest in training programs to help supervisors identify signs of marijuana impairment.

  • Policy Clarity: Drug policies should clearly outline the consequences of marijuana use and impairment at work.

  • Consulting Legal Counsel: Employers should work with legal experts to ensure policies comply with state and federal laws.


For patients relying on marijuana to manage chronic pain, anxiety, or other medical conditions, the benefits of staying in the medical program are clear. The 10% excise tax on recreational marijuana can quickly add up, making medical marijuana the more cost-effective option for regular use.


Additionally, Ohio’s medical marijuana program offers tailored products and strains designed to address specific health needs. This level of customization is not always available in the recreational market, where the focus often skews toward general consumer preferences.


The Future of Marijuana Laws in Ohio

As recreational marijuana becomes more integrated into Ohio’s economy, employers and lawmakers will face ongoing challenges, including potential federal legalization, the expansion of dispensary access through dual-use licenses, and evolving workplace policies. Ohio residents considering marijuana use, whether recreationally or medically, should stay informed about their rights and responsibilities. 


For those managing medical conditions, obtaining a medical marijuana card offers clear benefits, including cost savings, higher purchase limits, and stronger legal protections. Amid these changes, Ohio’s medical marijuana program remains a cornerstone, ensuring patients receive the access and support they need in an ever-evolving landscape.


Get Your Medical Marijuana Card Today!

Having a medical marijuana card in Ohio offers numerous benefits over recreational use. With your medical card, you gain access to higher-quality, lab-tested products, personalized care from knowledgeable physicians, and exclusive dispensary discounts—ensuring you receive safe, effective, and affordable relief. Not to mention, the tax savings are significant when you have your medical card. 


Ohio’s medical marijuana program is tailored to prioritize patients’ needs, with evolving qualifying conditions and a commitment to improving access. Whether you’re managing chronic pain, anxiety, or another condition, your medical card empowers you to shop at licensed dispensaries with confidence, knowing you’re receiving products designed specifically for therapeutic use.


Thanks to telemedicine, obtaining your card is simple, quick, and convenient. With Ohio Marijuana Card, you can complete your evaluation and receive a recommendation on the same day—all from the comfort of home! Schedule your appointment today!


 

Doctors Who Care

Relief You Can Trust


At Ohio Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Ohio’s medical marijuana program while improving your overall quality of life.


Don’t wait to start feeling better. Call us at (866) 457-5559 or schedule your evaluation today, and take advantage of the many benefits a medical card has to offer!


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