Page 5 - JulyAugust24 Report

Issue 2 —
Have Workplace Drug Policies
Gone to Pot?
Arecent study concluded more Americans are reporting daily, or near-daily marijuana use than are fessing up to drinking alcohol at the same pace. According to the study, which was published in the journal Addiction, about 17.7 million people reported using pot daily or near daily compared to the 14.7 million who reported consuming alcohol with the same frequency. Unsurprisingly, the study found that cannabis use tends to rise during “periods of policy liberalization.” With the passage of Issue 2, Ohio has moved into an era of “policy liberalization” and if the trend cited in the study holds, more Ohio adults are likely to start or increase their use of pot. This article will briefly discuss the history of Issue 2 and then address the impact this new law may have on employer’s policies while providing some insight into practical realities employers might want to consider.
Ohio Voters Pass Issue 2 – Smoke ‘Em if You Got ‘Em
In November 2023, Ohio voters approved Issue 2. As a result, adult recreational marijuana use became legal in Ohio. When the law became effective on December 7, 2023, Ohio became the 24th state to legalize adult recreational marijuana use. There has been much debate at the Statehouse over proposed changes to the law and the timing of when the first retail sales will start. However, the most recent reports are that adults in Ohio will likely be buying recreational weed legally by the time this article is published. So, Ohio employers may soon feel the impact of Issue 2 if they haven’t already.
By Grace A. Kuntz and Richard L. Moore
What Does Issue 2 Change for Employers?
What does Issue 2 change for Ohio employers? The answer is, not much. At least with respect to placing any additional legal restrictions on their employment policies when it comes to drug testing and use. Ohio employers are still permitted to establish and enforce drug testing policies, drug-free workplace policies, and zero-tolerance drug policies. Importantly, employers are not required to permit or accommodate an employee’s use, possession, or distribution of adult use cannabis in the workplace. Further- more, employers may refuse to hire, discharge, discipline, or otherwise take an adverse employment action against an indi- vidual because of that individual’s use or possession of marijuana. Overall, employers retain the same rights that they held prior to the passage of Issue 2.
Practical Implications for Employers
One of the biggest changes that employers will have to face in this post-Issue 2 world is the idea that off-duty consumption of marijuana is now perfectly legal – just like a can of beer. However, the reality is it will not be that easy when it comes to testing for impairment. With alcohol, there are scientifically supported, well established limits that can be used to prove intoxication. However, things are different with pot.
When a person consumes marijuana, the body metabolizes the delta-9-tetrahydrocannabinol (“THC”) contained in the mari- juana (the ingredient that creates the high). THC metabolites are leftover in the person’s system and may be detected on a drug test up to 90 days post consumption. In addition, although some states
THE REPORT | July/August 2024 | CincyBar.org 5