What do Ohio employers say about Recreational Marijuana?
It's been busy at Krugliak, Wilkins, Griffiths & Dougherty since recreational cannabis use became legal in Ohio.
The law firm, which has offices throughout Northeast Ohio, has received calls and questions, mostly about whether employers have to accommodate a worker's recreational marijuana use.
"And obviously, the answer to that is no," attorney Scott Zurakowski said. "And then the question becomes, 'OK, what do I need to do to make sure that my employees understand this?'"
The law firm's advice is to review workplace policies ― ensure they are clear and first address "safety-sensitive" roles, such as forklift drivers or manufacturing positions. On Nov. 8, the company posted a summary of "what employers need to know" on its website, kwgd.com.
Last year's voter-approved initiative to regulate and legalize recreational marijuana ― Issue 2 ― didn't provide employee protections. The Canton Repository and Akron Beacon Journal asked business leaders and some of the region's major employers about drug policies and practices, and responses indicated that the law change did not prompt any significant company changes.
Some employers who were approached did not provide information about their policies; Signet Jewelers and TimkenSteel — which recently announced a name change to Metallus effective in late February — directly declined to comment. No response was received from The Timken Co., Fresh Mark, Coastal Pet Products, Walmart, Davey Tree, The J.M. Smucker Co., and Battle Motors.
Among the employers that shared their drug policies ― Amazon, Akron Children's Hospital, Akron Public Schools, Aultman, the City of Akron, Cleveland Clinic, FirstEnergy, GOJO Industries, Goodyear Tire & Rubber Co., Kent State University, Summa Health, Summit County and The University of Akron ― only Amazon has excluded cannabis from drug tests.
Amazon supports cannabis legalization
Amazon — which has major distribution facilities in Canton and Akron — eliminated cannabis from its pre-employment drug tests in June 2021 for all positions except those regulated by the Department of Transportation or within Amazon Air. So Ohio's law change won't change the company's policies, said Paula Morrison, a spokeswoman for Amazon.
"We also reinstated the employment eligibility for former employees and applicants who were previously terminated or deferred during random or pre-employment marijuana screenings," states a company blog post from June 2023.
The post details the reasons for that change, such as difficulty maintaining a nationwide policy when an increasing number of states have legalized cannabis and a disproportionate effect on communities of color. Eliminating cannabis from pre-employment drug testing also expands the applicant pool.
Amazon, one of the largest retailers in the U.S., has announced its support for legalizing cannabis at the federal level, expunging criminal records, and investing in affected businesses and communities.
"We are enthused by the notable momentum in the country toward recognizing that today’s status quo is unfair and untenable," the blog post from last year states. "We look forward to working with Congress and other supporters to secure necessary reform of the nation’s cannabis laws."
Aultman, Akron Children's Hospital aim to be proactive
Jen Kessel, senior vice president of human resources at Aultman Health Foundation in Canton, said Issue 2 prompted the health care system to review its drug policies and monitor news from the statehouse for any potential modifications. It will continue to be a "drug-free workplace" and has communicated that with employees, she said.
"Our goal is to remain a drug-free workplace and really provide a safe place for patients to heal," Kessel said. "That's really our top priority."
Aultman drug tests staff pre-employment, randomly, and after an accident or with reasonable suspicion. Kessel said the company also offers employee assistance programs to anyone struggling with substance abuse.
"So we do have assistance plans available to them because, certainly, we want to make sure that any support programs that they need ahead of any issues would be available to them," she said.
Akron Children’s Hospital also tests all job applicants for alcohol and drugs, including for marijuana, after giving them a conditional offer of employment, said Rhonda Larimore, chief human resources officer. If an applicant tests positive for marijuana, their application is rescinded.
“Also, we do drug test if we have reasonable suspicion that somebody is under the influence of something, whether it’s drugs, alcohol, based upon — it could be errors in work, it could be observed behavior, it could be, on a clinical side, if there’s anything off related to medications,” Larimore said.
The hospital system determines on a case-by-case basis how to respond to an employee testing positive for marijuana for a screening that was issued because of reasonable suspicion, she said.
“If somebody comes forward and admits they have a problem or talks about having a problem when they are tested, we help them go to our employee assistance program, a rehab program, and as long as they do what they need to do, they’re permitted to return to work,” Larimore said.
Cleveland Clinic, Summa Health also emphasize safety
Cleveland Clinic spokesman Joe Milicia said drug testing will continue to occur before hiring and randomly for employees. The hospital system has facilities in Akron, Canton, Medina and New Philadelphia.
“The safety and well-being of our caregivers, patients and their families is our top priority," he said in an emailed statement. "As a drug-free workplace, Cleveland Clinic’s drug testing program will continue to include marijuana. The program supports our mission to provide a safe environment for our caregivers, visitors, and the patients we serve.”
Summa Health also performs pre-employment drug tests, including marijuana, for all new hires, said Anthony Colly, senior vice president of chief human resources at Summa Health.
“Our goal is to provide the safest possible setting for employees and patients while delivering high quality services,” Colly said. “Therefore, all Summa employees are prohibited from being under the influence of, or impaired by, alcohol, controlled substances, non-prescription drugs, or prescription drugs, medicines or substances taken in other than recommended dosages.”
Summa Health will reevaluate its policies following any changes to the initiated statute, Colly said.
For schools and government, little change expected
Sarah Kelly, the University of Akron’s vice president of human resources, said there's no avenue of relaxed policies on campus because the state law's reach is limited.
“Since we receive federal funds, we must have a drug-free workplace policy,” Kelly said. “Therefore, there are no changes to our policy. Marijuana use is still prohibited.”
And even though Kent State recently announced new, online-only cannabis certificate programs, a FAQ page on the university's website also says that following the passage of Issue 2, nothing has changed regarding the university’s policies prohibiting marijuana possession and use on campus.
Manufacturers and utilities
One local manufacturer was vague in its characterization of the law's impact on employees.
A GOJO Industries spokesperson provided the following statement: “In December, when the State of Ohio legalized marijuana for recreational use, we updated our policy to align with the new law."
Akron-based Goodyear, however, said in an emailed statement that "Ohio’s marijuana law does not change anything for us. Goodyear is and will continue to be a drug-free work environment everywhere we operate."
FirstEnergy Senior Communications Representative Will Boye, meanwhile, said in a written statement: “We are continually assessing the legal landscape and evaluating our policies to ensure they comply with state and federal laws. FirstEnergy is committed to a safe work environment, and our policies will continue to reflect that.”
Area chambers address questions
Faye Roller, vice president of marketing and development at the Alliance Area Chamber of Commerce, said the office has heard the normal discussions surrounding the law and questions about how it might affect businesses. The chamber plans to have attorneys from Krugliak, Wilkins, Griffiths & Dougherty speak to its board and committees in the coming months.
"But by the second quarter, we may have new revelations in that," Roller said, noting that the state legislature can modify the law.
Jeff Dafler, president and CEO of the Canton Regional Chamber of Commerce, emphasized that employers still have the right to maintain a drug-free workplace.
"Most member companies we have talked to regarding Ohio’s new marijuana law have indicated they will maintain existing workplace policies regarding drug use and possession," he said in an emailed statement. "There are many industries in which safety concerns make the continued maintenance of a drug-free workplace of paramount importance.”
