Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio's recreational marijuana program stems from a 2023 citizen-driven campaign to create a program that allows all Ohioans over 21 years of age to purchase marijuana without needing a doctor's recommendation first.
That initiative, known as Issue Two, passed with over 57 percent of the vote in last November's election. With the support of more than 2 million Ohioans, its passage is a clear indication that views on recreational marijuana have changed over the last decade since a prior effort to legalize marijuana in 2015 only received support from 36 percent of voters.
For employers who are looking to maintain a productive and safe workforce, it is essential to understand what is in—and what is not in—Issue Two before sales begin this summer.
Purchasing Marijuana
Any Ohioan over 21 years of age will be able to purchase up to 2.5 ounces of marijuana or 15 grams of marijuana extract each day from a licensed marijuana dispensary.
Allowable forms of marijuana include not only the traditional marijuana plant, but also newer products such as marijuana extracts, lozenges, oils, edibles, patches, beverages, and pills. Each of these products may be purchased at a marijuana dispensary by an individual after the store clerk verifies the purchaser is over 21 years old.
Possessing Marijuana
Ohioans will be able to legally possess 2.5 ounces of marijuana or 15 grams of marijuana extract at a time without violating any laws. Possession over these limits, however, will remain a criminal offense, and individuals may be subject to criminal penalties varying from a minor misdemeanor to a second-degree felony with a mandatory prison term.
Public Use of Marijuana
Individuals may use adult-use marijuana in public. However, places of public accommodation such as restaurants, hotels, movie theaters, and gyms may lawfully prohibit marijuana use on their property, and Ohio's indoor smoking ban may also apply to marijuana.
Home Grow
Issue Two also enables Ohioans over 21 years of age to grow and possess up to six marijuana plants at their primary residence. Further, if two or more adults over 21 years of age live in the same primary residence, then individuals can grow and possess up to 12 marijuana plants.
The law does, however, allow landlords to prohibit home grow on their property by including such a prohibition to be an expressed term in a lease. Additionally, the law does not allow for the sale of homegrown marijuana in most circumstances and unless the transfer is without any payment.
Driving
Individuals are prohibited from driving, from being in a vehicle while under the influence of adult-use marijuana, or while using it. Penalties for a violation of this prohibition, which are set forth in Ohio's OVI code, include potential license suspension and criminal charges.
Ohio OVI code provides that a person is deemed under the influence of marijuana if their blood concentration is greater than two nanograms of marijuana per milliliter.
Employer Drug-Free Workplace Policies
In terms of what this means for employers, Issue Two aligns with Ohio's medical marijuana law and allows employers to set their own drug testing policies and drug-free workplace policies. This means that Ohio employers can still prohibit an employee's use, possession, and distribution of marijuana without violating the law. The law also allows employers to terminate or take other adverse employment actions for an employee's use of marijuana, including use outside of work.
For employers subject to federal restrictions on employment, including USDOT regulations, the law enables these companies to enforce those federal regulations in their workplaces fully.
Similarly, Ohio Bureau of Workers' Compensation's drug-free workplace rebates remain unchanged by Issue Two as well.
For a greater discussion on what employers should do to maintain effective, drug-free workplaces after the legalization of recreational marijuana, read our previous blog post here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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