Ohio Enacts Recreational Marijuana Law

Voters in Ohio approved a ballot measure, An Act to Control and Regulate Adult Use of Cannabis (the Act), which legalizes recreational marijuana. The law takes effect on Dec. 7, 2023.

The details

On Nov. 7, 2023, Ohio voters approved the Act, which legalizes recreational marijuana.
Effective Dec. 7, 2023, Ohio residents (aged 21 and older) may sell, purchase and possess certain amounts of marijuana.
Note: The Act does not impact the Ohio medical marijuana program.

Workplace use prohibited

Under the Act, employers may:

•  Prohibit employees from:
• Have drug testing, drug-free workplace, and zero-tolerance policies. Employers may enforce these policies through discharge, discipline, refusal to hire or other lawful action if an employee violates lawful policies and restrictions against marijuana.
• Terminate an employee for use of marijuana in violation of a lawful drug policy, as a just cause, for purposes of unemployment compensation.

Note: The Act prohibits employees from bringing legal action against their employers for lawful prohibition or adverse actions relating to the use of marijuana.

Next steps

• Carefully review drug policies to ensure compliance with the Act.
• Watch for clarifying guidance from the Ohio Department of Commerce, as regulations and modifications to implement the Act are also expected.

Please contact your dedicated ADP Service Representative with any questions.

Thank you,

ADP