Ohio Employers Would Be Able To Fire MMJ Users, No Matter Which Plan Becomes Law

Robert Celt

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Ohioans who are legally prescribed marijuana to alleviate symptoms for serious illnesses could still be fired from their jobs under both major proposals to legalize marijuana's use as a medicine.

Republicans in the Ohio House introduced their medical marijuana bill, House Bill 523, late Thursday. It's an effort for legislators, not outside marijuana advocacy groups, to be in charge of what seems to be inevitable.

Medical marijuana will likely happen in Ohio, based on public polls showing support for it. The question now is about specifics.

The bill is different than the Marijuana Policy Project's proposed constitutional amendment, but neither changes the relationship between private employer and employee.

House Bill 523 does not require employers to accommodate employees' use of medical marijuana, and it doesn't stop employers from refusing to hire or fire someone because of their use of medical marijuana.

"A person who is discharged from employment because of that person's use of medical marijuana shall be considered to have been discharged for just cause," according to the bill sponsored by Rep. Steve Huffman (R-Tipp City).

The MPP's initiative says nothing in it should be "intended or may be construed to regulate or affect the employment relationship between an employer and a (medical marijuana) cardholder."

The Ohio Chamber of Commerce and the Columbus Chamber of Commerce said they are still reviewing the proposals. On March 31, a group called Ohio Metro Chambers of Commerce, which represents both chambers and others in the state's major cities, testified in front of a legislative committee on medical marijuana.

One of the core tenets of any proposal, the testimony says, is defending an employer's human resources policies, including drug screening.

The chambers also want to ensure that employees fired because of HR policy violations can't get unemployment benefits.

"These protections and provisions are the foundation to ensuring that Ohio businesses can operate in an environment that supports job growth and economic success," testified group Chairman Phil Parker. He's also CEO of the Dayton Area Chamber of Commerce.

Legislators hope to pass the bill this summer, before the MPP's constitutional amendment makes the November ballot. The Marijuana Policy Project this week hired an Ohio campaign team as it works to gather 306,000 signatures for its proposal.

The group says lawmakers' attempts to flank their proposal won't stop them from pursuing the amendment.

Washington, D.C.-based Marijuana Policy Project had a hand in an effort to legalize marijuana in Pennsylvania. This week the neighboring state's lawmakers approved a bill and its governor said he would sign it, making Pennsylvania the 24th state to legalize marijuana.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Ohio Employers Would Be Able To Fire MMJ Users, No Matter Which Plan Becomes Law
Author: Tom Knox
Contact: Columbus Business First
Photo Credit: CBC
Website: Columbus Business First
 
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