The Act supports employers' efforts to maintain a drug-free workplace, which includes policies prohibiting use of marijuana. This is consistent with Ohio's existing Medical Marijuana Control Program. As such, Ohio employers retain the right to establish and enforce drug testing, drug-free workplace and/or zero-tolerance policies.

Specifically, the Act states that employers:

• are not required to permit or accommodate the use, possession or distribution of marijuana; and
• may discipline, refuse to hire or otherwise take an adverse employment action against an individual per the use, possession or distribution of marijuana.

The Act further prohibits an employee from taking legal action against an employer for discharging, disciplining, discriminating, retaliating, refusing to hire or otherwise taking an adverse employment action against the employee as a result of the individual's marijuana use. Additionally, the Act does not impact existing federal employment restrictions regarding drug use.

Titled "Protections for Public Employees Who Use Medical Marijuana as Qualified Patients," SB 166 would not only protect medical marijuana users from adverse actions on the job but would also create a formalized process for marijuana usage testing on public employees. The bill also requires employers to make reasonable accommodations for medical marijuana users unless the employer is able to "demonstrate that the accommodation would pose a threat of harm or danger to persons or property, impose an undue hardship on the employer, or prevent an employee from fulfilling his or her job responsibilities."

SB 166 does not apply to employees in the private sector and provides exception language for positions in law enforcement.

The bill also requires that employers who maintain drug testing policies provide written notice to applicants or employees who test positive and inform them of their right to request a confirmation test. The applicants/employees also need to be made aware that they are permitted to submit information/documentation to contest or explain a result. This may include a physician certification for medical marijuana or a registry identification card.

Agencies do however retain the right object to or pass over applicants based on criminal and/or credit history if the candidate has previously been assessed on other factors and conditional employment has been offered. The rule states, "The regulations provide the opportunity for a qualified applicant with a criminal history record to advance in the hiring process in the same manner as a qualified applicant without a criminal history record."