YES!! One can get fired if they are seen using medical marijuana according to Ohio medical marijuana employment laws. If you also test positive for THC after the drug test that your employer has requested. According to me, I would never suggest anyone smoke marijuana, though there are some cases where you can smoke it out.
Having a medicinal marijuana certificate does not shield you from termination if you test positive for THC because marijuana is still prohibited in Ohio generally. Employers are free to make decisions about who they hire and fire based on marijuana use, and they may also take a person’s medical marijuana card into account.
Some companies may have the view that all drugs should be fully prohibited from the workplace and that anyone who tests positive for THC may be fired. Nevertheless, some businesses might permit medical marijuana use and not view it as a reason to fire an employee.
Learn When Using Medical Marijuana in Ohio Is Permitted
Before buying marijuana lawfully in Ohio, residents must apply for and get a medical marijuana registration card. For an application to be authorized, a doctor’s recommendation to use marijuana to treat the symptoms of one of the following conditions must be obtained.
- AIDS or HIV-positive Status
- Alzheimer’s disease
- Chronic Traumatic Encephalopathy
- Chronic or severe pain
- Hepatitis C
- Multiple Sclerosis
- Tourette Syndrome
- Traumatic Brain Injury
- Ulcerative Colitis
- Multiple Sclerosis
The cannabis that has been prescribed must be purchased from an authorized dispensary and utilized by the doctor’s instructions. This is not a comprehensive list, and many illnesses can be treated with a medical marijuana prescription.
The possession of a medical marijuana card is often not required to be disclosed to managers and supervisors by employees. But anyone who needs to pass a drug test to earn or keep a job can safeguard themselves by telling their employer that marijuana was lawfully prescribed. In any case, if you test positive for THC, you could be fired.
The euphoric ingredient in marijuana, THC, can linger in a user’s blood and urine for a very long time following a high. Regardless of whether the employee has a medical marijuana card or not, an employer may conduct drug tests, and if an employee tests positive for THC, they may potentially be fired because marijuana is still illegal in Ohio generally. If you test positive for THC, you are not exempt from termination only because you have a medicinal marijuana prescription.
Can I Be Fired for Using Medical Marijuana in Ohio?
Whether an employee in Ohio can be fired for using medical marijuana is a complicated issue that frequently depends on several variables, including the employer’s policy, federal laws, and the particulars of the case. As of my most recent update, Ohio law does not provide any special protection for employees who use medical marijuana. Because there is no statutory protection, employers can decide how to respond to employee use of medical marijuana.
Here are several instances that may affect your ability to work as an Ohio medical marijuana patient:
Positive Drug Test Results
According to their drug-free workplace policy, your employer may take action if you test positive for a medical marijuana drug test. Regardless of whether you have a current medical marijuana card, this could involve dismissal or other disciplinary actions.
Zero Tolerance Policies
When it comes to drug use, even medical marijuana, some businesses have severe “zero-tolerance” policies. In such circumstances, even if you have a medical marijuana card, any marijuana drug test that is positive could result in disciplinary action.
Employers are required to make reasonable accommodations for workers with impairments under the Americans with Impairments Act (ADA), which may include illnesses that warrant the use of medical marijuana. However, employees who are already abusing drugs illegally are not covered by the ADA. The use of marijuana for medical purposes is subject to restrictions under this clause because it remains illegal at the federal level.
Employers may contend that particular roles are safety-sensitive and that a worker’s usage of medical marijuana may limit their ability to carry out crucial job duties in a safe manner. They might respond in such circumstances out of worry for their safety.
Some states have passed legislation preventing employers from firing workers for using medical marijuana outside of work hours. But at the moment, Ohio lacks such particular safeguards.
How to Handle Employees Who Use Medical Marijuana?
Companies and government organizations can impose a no-drug policy as a requirement for employment. Employers may also perform scheduled and arbitrary drug tests.
Examples of occupations where using medical marijuana may be fully prohibited include:
- The driver of a truck,
- The user of large machinery,
- The operator of a machine,
- Worker in security,
- Caregiver for children, and
- Practitioner of medicine
Following workplace accidents, drug testing is always permissible, and it may also be allowed if there is a good reason to suspect impairment. A person’s stumbling and slurring can raise reasonable suspicion. It is not necessary for a manager, supervisor, or coworker to witness you using drugs to request that you submit to a urine test.
Evidence of drug use at work is grounds for discipline, even termination. Written policies and relevant regulations will determine what actions the employer can take. Even if you were informed that your termination was due to marijuana use, you might still wish to consult an attorney who specializes in employee rights.
What managers and supervisors are legally permitted to do with the test results depends on the when, why, and how of the drug test’s administration and interpretation.
It’s critical to speak with an employment lawyer if you think that being a medicinal marijuana patient has resulted in employment discrimination. They can provide you with advice on the best course of action and assist you in understanding your legal rights under Ohio law.
It is important to keep in mind that rules and regulations governing the workplace can change over time, and new legislation or court rulings could affect Ohio’s policies on medicinal marijuana usage and job rights.