Every employer in Ohio and surrounding states must now begin to develop workplace controls to fully address the legalization of marijuana in Ohio. To be most effective and legally defensible, these controls should be more expansive than simple revisions to current drug-free workplace and testing policies.Key to these efforts is understanding that marijuana, medical or recreational, is still illegal under federal law. Ohio’s legalization does not provide a recognized legal defense to investigation or enforcement actions by the U.S. Department of Justice, but, should issue 3 pass into the state’s constitution, any type of regulation a company sets could be legally challenged by an employee if adverse employment action takes place. It is now critical for businesses to develop policies and practices that will minimize the chance of ending up in court.

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