By Mara O'Malley for Kent State News Lab.
Broadcast version by Nadia Ramlagan reporting for the Kent State-Ohio News Connection Collaboration.

Though it is now legal for Ohioans to use cannabis, the 2023 passage of Issue 2 does not prevent employers from drug testing job applicants and employees and instituting zero-tolerance policies. Employers in Ohio are still permitted to penalize workers who use, possess or distribute marijuana.

But the City of Cleveland announced in December that it would eliminate pre-employment drug tests for some city jobs.

"Pre-employment testing can oftentimes create obstacles in filling open positions by preventing otherwise qualified candidates from even applying," said Matthew Cole, director of human resources for the City of Cleveland, in an email. "These policy updates are more cost-effective and will ultimately help us widen the applicant pool for several City positions."

Katherine Mills, a Cleveland-based employment attorney at Fisher Phillips, says companies can still enforce pre-employment, random or reasonable suspicion testing of all employees.

"Each employer will have to evaluate their business needs and balance that against what employees may choose or opt to do outside of work," Mills said. "The bill language does specifically state, though, that employers do not have to permit cannabis use that impacts the workplace."

Cleveland says it intends to maintain a drug-free workplace by making it known that employees are required to be fit for work and will be prohibited to work while impaired, meaning that they must be free from any kind of alcohol and drugs, including marijuana.

"It's really going to be on a case-by-case basis for employers to evaluate their situation and then determine what is going to be the best course of action, both for the business and for their employees," Mills said.

The City of Cleveland has decided to only drug test for certain positions, like those identified as safety or security jobs or those that fall under the federal Department of Transportation.

"We are constantly evaluating our policies to ensure they align with the needs and desires of both our current and prospective employees," Cole said via email.

Whatever a company decides, Mills says it needs to update its employee handbook and published policies so that employees know that even though marijuana is legal, it may still be prohibited in their workplace.

The National Organization for the Reform of Marijuana Laws, or NORML, advocates for cannabis legalization. They say some states that have legalized marijuana go further and prohibit the firing or hiring of an employee based on a drug test.

Several states, including California, Connecticut, Minnesota, Montana, New Jersey, New York and Rhode Island, prohibit most employers from refusing to hire or from firing someone based solely on a positive drug test for marijuana, according to NORML. Three other states - Michigan, Nevada, and Washington - prohibit most employers from refusing to hire someone based solely upon a positive drug test.

"What good is this law allowing for the legalization for production, sale, and use of marijuana if these people who engage in that activity can lose their job?" said Paul Armentano, deputy director of NORML.

Armentano said many states around the country have had marijuana laws in place for years and have not seen occupational accidents or absenteeism skyrocket.

"There isn't a single state that has ever legalized marijuana for either medical purposes or adult use purposes that has ever repealed or even rolled back their legalization law," Armentano said.

Similar policies have been put in place around the country among multiple different states. Through studies that have been done the work-place performance has not been affected from after-work marijuana use.

Workplace policies will have to continue to evolve as Ohio figures out recreational marijuana, Mills said.

"All the regulations of things are still being developed," Mills said. "We're kind of in this gray space of, it's technically legal but there is no dispensary that adults can currently walk into and buy adult-use marijuana."

During this time, Fisher Phillips recommends that companies review and consider updating their drug testing protocols. Whether or not they make changes, employers should update their employee handbooks so that employees know the company's stance on cannabis use.

Beyond that, companies can have last chance policies - in which an employee agrees to seek substance abuse treatment and refrain from further use of alcohol or drugs in order to keep their job - and substance abuse programs. The law firm also suggests that employers offer training, stay up to date on changing regulations and clearly communicate their expectations to employees.

"We can definitely help find that sweet spot of, you know, respecting the ever-changing landscape that we exist in while also prioritizing both workplace needs and safety concerns," Mills said.


Mara O'Malley wrote this article for Kent State News Lab. This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


get more stories like this via email

A statewide program in Kentucky aims to provide credentialing and pathways to a career in social work for people in substance use disorder recovery. Advocates say the Career Ladders in Mental and Behavioral Health or CLIMB-Health program is vital for the state to boost the mental health and social services workforce.

Carl Wilson, senior fellow for healthcare development and initiatives with the Kentucky Council on Secondary Education, said it also provides opportunities for those in recovery to make a living and expand their career horizons.

"You can gain both occupation credentials and or employment all the way up through a professional level within this program. So the program offers individuals with lived experience a tailored pathway," he said.

Community colleges across the state serving more than 100,000 residents are now working with people who have been state-certified peer support specialists, to transfer their training toward Bachelor of Social Work degrees. The CLIMB-Health program began on Kentucky Community & Technical College System campuses in counties with the highest overdose deaths.

Wilson said residents in drug court programs in all 120 counties face barriers to employment.

"When they get to that employer interview, and that employer runs that background, and they see the addiction issue, they see in most cases, the justice involvement, they're locked out of opportunities," he added.

The goal is to fill urgent gaps in the state's healthcare system and boost long-term economic stability for people living in recovery.

"We have approximately 50,000 to 0,000 untapped workers for our workforce in Kentucky that have not been given that opportunity to have a specialized program which addresses them," Wilson continued.

While overdose rates in other states are declining Kentucky ranks among the top ten states in the nation for drug overdose deaths, according to the CDC.

While overdose deaths in the Commonwealth have declined, deaths among Black Kentuckians have increased by 5%, according to data from the latest Kentucky Overdose Fatality Report.

Organizations across the state are working to stem overdose deaths among residents of color. In Bowling Green, the nonprofit HOTEL INC. is focused on harm reduction.

Rebecca Troxell, HOTEL INC. lead navigator, explains the group's street teams go into homeless encampments and provide Narcan, fentanyl strips, hygiene packets and medical care.

"We have volunteer doctors, EMTs and nurses who go out with us, so we're able to provide medical care on site. We're able to provide educational components with that, as well, helping people understand what harm reduction really is," she said.

She added a recent SHIFT grant from the Foundation for a Healthy Kentucky will allow the street teams to reach more people. The program, which awards funding up to $50,000, aims to reduce disparities and other inequities worsened by the drug crisis.

In Lexington, the nonprofit agricultural organization Black Soil KY is adding Narcan boxes and educational materials to its farmers markets. They are also working to improve access to fresh food among Kentuckians in recovery.

Ashley Smith, co-founder and CEO of Black Soil, said farmers will also receive harm-reduction training: "We know having that unbarriered access to local goods, like seasonal produce, local meat within your recovery housing, just really provides an advantage for the overall outcome."

Kayla Migneron, director of the Louisville-based maternal health program Granny's Birth Initiative, said the SHIFT grant funding will help expand stigma-reduction training for doulas.

"Our main goal is that any person would be comfortable coming to get assistance from us, whether it's accessing resources using our stuff, even just asking for connections to other programming," explained Migneron.

Nationwide, overdose deaths among mostly younger Black women nearly tripled between 2015 and 2021.

In Robeson County, the opioid crisis is exposing the need for increased addiction support. The Southeastern Prevention and Addiction Recovery Resource Center is tackling the issue by bringing together more than 70 organizations into a unified recovery network.

Jackie Davis, SPARC director, says its goal is to streamline services and improve access to comprehensive support.

"Robeson County has a high rate of usage, and so one of the main challenges has been services and then organizations and agencies working in silos," Davis said.

She added that before SPARC, local agencies were isolated in their efforts. Now with funding and support in part from the Kate B. Reynolds Charitable Trusts, she said community-based initiative is fostering cooperation to better serve the people of Robeson County, with plans to secure ongoing funding and improve access to care.

Davis said SPARC provides critical resources such as training, educational support and help securing opioid settlement funds. She said these efforts have improved patient care and developed long-term recovery strategies tailored to the community's needs.

"Health disparities here, we just want to reduce or even eliminate if we can, because we know that there are major differences from rural areas to urban areas or larger cities, and we just want better for our community," she said.

She noted that future goals include addressing transportation barriers to ensure access to services and ensuring sustainability through continued funding and support for member organizations.