While medical marijuana use is legal in Ohio, one question that many prospective patients have is whether or not being registered as a medical marijuana card protects them from being drug tested or fired by an employer.
Can I Get Fired for Using Medical Marijuana in Ohio?
So, are you protected by your employers because you have a medical marijuana card? Unfortunately, the answer is no. A medical marijuana card does not protect you from punishment or termination by your employer.
Some states have seen lawsuits or taken measures to protect employees from drug testing and a penalty for using medical marijuana, but Ohio did not write any of these provisions into their bill. Therefore, it is dependent on the employer and company policy whether or not they decide to drug test individuals or terminate them for medical marijuana use.
Employers have discretion based on an employee's medical cannabis use, and can make the decision to either hire, move, or demote them regarding its use. Employers should steer clear of making any decisions that clash with company policy if they do choose to accommodate the use of medical cannabis. However, employers are expected to maintain drug-free workplaces as a condition of working with the federal government under the Drug-Free Workplace Act.
What Does Federal Law Say About Marijuana and Employment?
Marijuana is still deemed illegal under Federal law, and yields harsh restrictions as a Schedule I drug according to the Controlled Substances Act, so there's not a lot of rights afforded to medical marijuana users under Federal law. A medical marijuana card does, at least, offer patients an "affirmative defense" which grants a patient the ability to possess, transport and use medical marijuana as directed by their doctor. An affirmative defense is used in court to prove to a judge that you are, in fact, a medical marijuana patient who is allowed to have marijuana in their possession. Outside of an affirmative defense, however, a medical marijuana cardholder does not have many traditional rights afforded to patients of prescription medications.
Overall, while most marijuana patients know that cannabis is not generally harmful to your health, sadly until cannabis is removed from Schedule I, it is nearly impossible to expect medical marijuana users to be granted employee/employer rights.
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