Ohio's medical marijuana program has hit a snag. Because of a delay in issuing certificates to grow centers and processors, product will not be available to patients on the required roll out date of September 8th. The state has also delayed implementing the patient portal for registration until closer to the time when product will be ready. To date, almost 200 doctors have been certified to recommend medical marijuana.
What employers need to know
While the program has hit a delay, we've experienced an increase in calls from employers who have encountered a situation involving medical marijuana use by an employee. The law does provide an "affirmative defense", allowing patients found to be in possession to make the argument that they meet the conditions of the law before the law goes into effect. Some have an "Affirmative Defense" letter issued by their doctor as proof of compliance.
Employers should prepare now.
Under the new law, employers are under no obligation to permit use by employees or allow possession of medical marijuana at the worksite. Employers don't have to (and should never) allow an employee who is impaired to continue to work. Drug Free Workplace programs (Including the Drug Free Safety Program) are not affected and those who have zero tolerance policies for a testing positive can continue this discipline policy. And, while an employer can decide whether their own organization will completely ban use or accommodate use for employees, the law is clear that there must be a written policy and it must be communicated to employees prior to enforcement. Without it, employers won't have a leg to stand on. Whether your company is thinking about banning the use altogether or accommodating use for employees, we strongly recommend that all organizations make developing a medical marijuana policy an immediate priority before a situation occurs.
If you have not yet attended our webinar "Medical Marijuana in the Workplace" (free of charge), we will be presenting it again on August 23 (Register Here) . For our current training clients, assistance in updating your policy is covered under your support services and always free of charge to you. For other employers, contact our offices - we can help you too!