Clinton County, Ohio has adopted a Drug-Free Workplace Policy county-wide, effective November 2, 2016.
On June 8, 2016, Ohio Sub HB 523 was enacted, which authorizes certain health providers to prescribe limited types of medicinal marijuana to qualifying patients. Ohio’s medical marijuana law took effect on September 8, 2016. Clinton County has established and maintains a Drug-Free Workplace Policy that is unaffected by the Ohio Sub HB 523 or Ohio’s medical marijuana law.
Clinton County has a zero-tolerance policy for employees who are impaired by prescription medication or who are under the influence of illegal drugs or alcohol while at work. Employees who are using marijuana with a valid prescription or authorized by Ohio law are not exempt from this policy.
The use of marijuana with or without a valid prescription or as authorized by law will be treated the same as the use of all other illegal drugs or the abuse of legal drugs. Employees using illegal drugs, including marijuana for any purpose including medicinal, are still subject to all provisions of this policy and may be terminated for such use.
Employees are advised of the following:
- Clinton County does not permit or accommodate an employee’s use, possession, or distribution of medical marijuana;
- Clinton County may refuse to hire or may discharge, discipline or take other action against an individual because of that person’s use, possession, or distribution of medical marijuana;
- An employee who tests positive for or refuses to submit to a drug test may be disqualified for compensation and benefits under the Ohio Workers’ Compensation Act;
- Because use, possession or distribution of marijuana is a violation of the Drug-Free Workplace Policy, employees who are discharged for those reasons will be considered to have been discharged for just cause for purpose of unemployment compensation or other post-termination pay or benefits.
The Drug-Free Workplace Policy continues to apply regardless of whether the employee’s use, possession, or distribution of marijuana was obtained or conducted in Ohio or other states.