Griffaton Quoted in Ohio Capital Journal Story on the Impact of Potential Cannabis Legalization on Ohio Employers

Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in an Ohio Capital Journal story titled “passing Issue 2 doesn’t come with protections for employees who use recreational marijuana.”  According to the story, the proposed statute before Ohio votes makes it clear it does not require an employer to “accommodate an employee’s use, possession, or distribution of adult use cannabis.”

The story states:

“Ohio does not protect employees from lawful off-duty conduct, Griffaton said. 

‘Employees need to know that if you are using marijuana off-duty, whether it’s for medical or recreational purposes and you test positive for a drug test at work, then whatever discipline applies under the drug test policy can be applied,’ he said. 

Ultimately, it is up to each employer to set their drug policy and communicate it to their employees.

‘A lot of it depends on the employer’s business needs, their workforce and how it believes it can or should accommodate employees who use marijuana, either recreationally or medically,’ Griffaton said. 

Some employers will continue to drug test, regardless of what happens with Issue 2.

Ohio employers who have a drug free workplace program established under the Ohio Bureau of Workers Compensation are required to drug test their employees, Griffaton said.” 

To read the entire story on the Ohio Capital Journal website, click here.