Marijuana is Legal in Ohio. That Doesn’t Mean Employees are Protected.

Ohio voters legalized recreational marijuana in 2023, passing Issue 2 by a 57-43 margin. Combined with medical marijuana, which has been state-legal since 2016, adults 21 and older can now lawfully buy and consume marijuana under state law (subject to limitations).

But how does this change translate to the workplace? The short answer is that not much has changed. Ohio law generally gives employees the right to use marijuana – it does not provide enhanced protection for employees who use it (whether on or off the job).

For employers adopting or updating drug-free workplace policies, here are three takeaways:

1. Workplace bans still hold up.
Issue 2 changed what individuals can do on their own time, not what employers can require from their employees. A drug-free or zero-tolerance policy remains fully enforceable. Employers can still prohibit marijuana use in the workplace and require employees to stay drug-free as a condition of continued employment.

Policy itself is the control point. An employer with no written policy, or one that hasn’t been updated since 2023, has less ground to stand on than one with clear, current language on testing, discipline, and what protections (or lack thereof) exist. Moreover, the Ohio Bureau of Workers’ Compensation runs a Substance Use Prevention and Recovery program that rewards employers with a written drug-free workplace policy and annual supervisor training with a premium discount.

2. A positive drug test can still cost someone their job.

State law is explicit: it is not discrimination under Ohio law for an employer to act on marijuana use, medical or recreational, when that use violates the employer’s drug-free or zero-tolerance policy. An employee can’t argue that legal status under state law overrides an employer’s own rules, and a documented, consistently applied policy is enough on its own to make a termination defensible – even when faced with a disability discrimination argument for medical marijuana use.

For employers, that closes a gray area many assumed had opened up after 2023.

3. Termination over marijuana use blocks unemployment benefits.

Under Ohio’s unemployment compensation law, employees discharged for marijuana use that violates their employer’s drug-free or zero-tolerance policy are considered discharged for just cause. That finding disqualifies them from collecting unemployment benefits for the entire duration of their unemployment.

Legislation moving through Columbus this year reinforces that rule. It’s a meaningful deterrent, and HR teams should be prepared to explain this reality to employees who assume legalization wouldn’t affect unemployment benefits.

Rules governing marijuana in the workplace will continue to evolve. At the federal level, the Department of Justice is working to reclassify certain marijuana (and marijuana-derived) products from Schedule I to Schedule III. And in Ohio, the outcome of this year’s gubernatorial race could shape whether the state further tightens or loosens what voters initially approved in 2023. For now, employers should ensure that their written policy is current, they train supervisors accordingly, and their employees understand that being legal in Ohio and having protection in the workplace are two very different concepts.