Although 35 states, three U.S. territories, and the District of Columbia have legalized cannabis for recreational or medical use, there still are no uniform standards for regulating potentially harmful contaminants in cannabis products.
That CBD wellness product you’re using could cause you to fail a workplace drug test. That’s according to an admittedly small study out of Johns Hopkins Medicine, in which researchers found that a single vaping episode of cannabis that is similar in chemical composition to that found in legal hemp products could possibly result in positive results on urine drug screening tests commonly used by many employers and criminal justice or school systems.
Less than half of the states where the drug treatment is legal protect patients from employment discrimination. Courts have generally sided with employers -- until recently.
Summary: Of the 33 states where medical marijuana is legal, 14 protect patients from employment discrimination. Recent court rulings signal a potential shift in favor of employees.
Ohio employers can fire employees who use medical marijuana or refuse to hire them in the first place.
Medical marijuana is legal in Ohio, but it remains illegal at the federal level and Ohio employers are testing for it like they would any other illegal drug.
“Under Ohio law, employers don’t have to currently hire someone who uses medical marijuana and they don’t have to retain an employee that tests positive for medical marijuana,” said Michael Griffaton, an attorney at Vorys, Sater, Seymour and Pease LLP.