Ohio.

Information provided is current as of January 3, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.

Ohio - State Specific Information

Navigating cannabis regulations in the workplace has become increasingly complex for Ohio employers. With recreational marijuana now legal and new compliance requirements taking effect in 2026, understanding your rights and obligations as an employer—or your protections as an employee—is essential. This comprehensive guide breaks down everything you need to know about Ohio's cannabis laws and workplace drug testing policies.

Ohio's Cannabis Legalization Timeline

Ohio has progressively evolved its stance on cannabis over the past decade. Medical marijuana was legalized in 2016 through House Bill 523, establishing a framework for patients with qualifying conditions to access cannabis products. More recently, in 2023, Ohio voters approved Issue 2, legalizing recreational cannabis use for adults.

This dual-track legalization has created a nuanced regulatory environment where personal use is protected under certain circumstances, but employers retain significant authority over workplace policies.

Current Possession and Personal Use Rules

Under Ohio law, adults aged 21 and older may legally possess:

• Up to 2.5 ounces of cannabis flower
• Up to 15 grams of cannabis extract

Home Cultivation Rights

Ohio permits home cultivation for personal use, with the following limits:

• 6 plants per person
• Maximum of 12 plants per household

Public Use Restrictions

Public smoking of marijuana remains prohibited throughout Ohio. The state's indoor smoking ban explicitly covers cannabis use in indoor public places and places of employment. Notably, Ohio law specifies that public places are not required to accommodate cannabis use, and employers have the authority to ban use anywhere on company property, including parking lots.

State Regulatory Framework

The Ohio Division of Cannabis Control (DCC) serves as the primary regulatory agency overseeing cannabis operations in the state. Employers seeking official documentation, including forms like the Reasonable Suspicion Testing Checklist, must access the DCC portal directly.

Workplace Drug Testing Policies

General Testing Guidelines

Ohio does not mandate workplace drug testing for private employers. However, the state strongly encourages testing through the Substance Use Prevention and Recovery (SUPR) program. Employers who wish to qualify for Bureau of Workers' Compensation (BWC) premium discounts must follow what Ohio terms a "federal testing model."

This model includes:

• Pre-employment testing (100% of applicants)
• Reasonable suspicion testing
• Post-accident testing

Importantly, a positive test result for THC is considered a violation of a "legal work rule," provided the employer has a written policy that has been properly shared with employees.

Safety-Sensitive Position Requirements

As of January 1, 2026, public employers (government and city entities) must comply with SUPR standards. This mandate requires 100% pre-employment testing for all positions designated as:

• Safety-sensitive roles
• Special needs positions
• Emergency services personnel
• Heavy equipment operators
• Roles with high security risks

State Employee Policies

Ohio state employees face stricter drug testing requirements than their private sector counterparts. Pre-employment testing is mandatory for designated positions, and candidates must receive a negative result to secure appointment. Supervisors may initiate reasonable suspicion testing when they observe specific signs of impairment that could compromise workplace safety or job performance.

Privacy Considerations

Ohio law generally permits employer drug testing, including direct observation methods, without violating employee privacy rights—provided the employee has given consent. However, employers must:

• Handle all drug test results with strict confidentiality
• Avoid discrimination based on legally prescribed medications
• Maintain proper documentation of testing procedures

Employer Rights: Zero-Tolerance Policies

Is Ohio a "Right to Weed" State?

No. Ohio explicitly protects employer authority over workplace cannabis policies. Under ORC § 3780.35, employers have broad rights that many find surprising given the state's legalization of recreational use.

Employers may:

• Maintain zero-tolerance drug policies
• Terminate employees for cannabis use
• Refuse to hire individuals who use cannabis
• Apply these policies regardless of an applicant's medical marijuana status
• Enforce policies even for legal recreational use conducted off-duty

Termination and Unemployment Benefits

Violating a company's drug policy is legally defined as "just cause" for termination in Ohio. This classification has significant implications: employees terminated for drug policy violations are typically disqualified from receiving unemployment benefits.

No Accommodation Requirements

Unlike some states that have carved out protections for off-duty cannabis use or medical marijuana patients, Ohio imposes no accommodation requirements on employers. Companies are not obligated to make exceptions for any form of cannabis use, whether medical or recreational, on-duty or off-duty.

Best Practices for Ohio Employers

Recommended Procedures

While private employers have significant flexibility in implementing drug and alcohol testing policies, following best practices helps avoid legal complications:

1. Standardized Documentation: Maintain clear, written policies that are consistently applied
2. Training Programs: Ensure supervisors understand reasonable suspicion indicators and proper testing protocols
3. Regular Evaluations: Conduct employee performance reviews to establish clear expectations
4. Policy Communication: Share drug testing policies with all employees and document their acknowledgment

Compliance Considerations

Employers implementing drug testing programs should:

• Follow specific testing protocols outlined by state guidelines
• Ensure compliance with both federal and state laws
• Consider consulting legal counsel, particularly given the evolving regulatory landscape
• Review policies regularly to reflect current legal requirements

Looking Ahead: A Changing Landscape

Ohio's legal, political, and regulatory environment surrounding cannabis continues to evolve. The January 2026 implementation of SUPR standards for public employers represents just one example of ongoing changes that affect workplace policies.

Employers and employees alike should stay informed about developments in this area. For organizations seeking to update their policies or navigate complex compliance questions, consulting with legal counsel specializing in labor law is strongly recommended.

Key Takeaways

• Ohio legalized recreational cannabis in 2023, but employer rights remain robust
• Adults may possess up to 2.5 ounces of flower and 15 grams of extract
• Employers can maintain zero-tolerance policies and terminate for any cannabis use
• Public employers must comply with SUPR testing standards as of January 2026
• No accommodation is required for medical or recreational cannabis users
• Drug policy violations constitute just cause for termination

Understanding these regulations helps both employers maintain compliant workplaces and employees make informed decisions about cannabis use in relation to their employment.