August 28, 2018 - Topic: Medical Marijuana in the Workplace Attorney Karl Ulrich spoke at the Northern Cincinnati Safety Council Meeting on August 28th. The Sharonville Chamber of Commerce and the Ohio BWC sponsored event was host to over 50 representative from local businesses.

1. Sebaly Shillito + Dyer, A Legal Professional Association
2018 Northern Cincinnati
Safety Council
Medical Marijuana in the Workplace
August 28, 2018
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Karl R. Ulrich, Esq.

2. Sebaly Shillito + Dyer, A Legal Professional Association
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https://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
Last updated on 7/28/18

3. Sebaly Shillito + Dyer, A Legal Professional Association
Medical Marijuana and the Workplace
• Ohio M/M Law – legalizes the possession and use of
marijuana for medical purposes; and the possession
of certain paraphernalia and accessories
• Ohio law is NOT legal for recreational or other non-
medical purposes
• Signed into law in 2016
• Becomes “fully operational” September 8, 2018

4. Sebaly Shillito + Dyer, A Legal Professional Association
Illegal Under Federal Law
• Cannabis is still illegal under federal law.
• It remains classified as a Schedule I “controlled substance”
under the federal Controlled Substances Act (“CSA”).
• Schedule I classification means that federal gov’t officially
views cannabis as “dangerous, highly addictive and having
no medicinal value.”
• Federal law prohibits physician’s from “prescribing” m/m.
Ohio law therefore requires physician to be certified to
issue a “recommendation.”
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5. Sebaly Shillito + Dyer, A Legal Professional Association
Medicine’s Current View of M/M
• Council on Science & Public Health (CSAPH) & the
American Medical Association (“AMA”) found evidence
that medical marijuana has some therapeutic benefits
• Also found conclusive evidence of connection between
cannabis and health harms.
• More research required to determine the benefits and
the long term risks of medical marijuana.
• AMA still opposes legalization
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6. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• Must be a “registered” “patient” or
“caregiver” to patient (a caregiver may
“possess”, but not use)
• “Possession” may not exceed
a ninety-day supply
• Must be for a “qualifying medical condition”

7. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• “Qualifying medical condition” means listed maladies,
including:
– Examples: AIDS, Alzheimer’s, ALS, Cancer, CTE, Crohn’s
Disease, Epilepsy or other seizure disorder, Fibromyalgia,
Parkinson’s Glaucoma, Hepatitis C, MS, PTSD, and others.
– “Pain” that is either “chronic”, “severe” or “intractable.”
– Other disease or condition if added by the State Medical
Board (first open submission period 11/1/2018 –
12/31/2018).

8. Sebaly Shillito + Dyer, A Legal Professional Association
Reciprocity/Other States
• Board of Pharmacy directed to enter into reciprocity
agreements with other state if it determines:
– Other state’s eligibility requirements are “substantially
comparable” to Ohio’s requirements;
– Other state recognizes a patient’s or caregiver‘s Ohio
status;
– Currently (as of 8/2018), there are no reciprocity
agreements in place.
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9. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• Smoking or combustion is prohibited.
• Oils, tinctures, edibles, patches and vaping of mm
is permitted.
• State Medical Board may approve additional
methods (except smoking or combustion).
• Any form of use considered attractive to children
is prohibited.

10. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• Law “does not authorize” a registered patient
to “operate a vehicle”, etc. while under the
influence.
• Registered patient or caregiver status
may not be grounds for denial of
tenancy (unless required by federal law).
• Registered patient or caregiver status alone
may not be basis for field sobriety test.

11. Sebaly Shillito + Dyer, A Legal Professional Association
Medical Marijuana and Employment
• Ohio law says: Nothing requires employer to “permit or
accommodate” use, possession, or distribution.
• Ohio law says: Nothing prohibits refusal to hire, discharge,
discipline, taking of adverse action because of use,
possession or distribution of mm.
• Discharge for use of mm is “just cause” for unemployment
comp. purposes if use was in violation of company program
or policy regulating use.
• Ohio law says: May still have a drug testing, drug free
and/or zero tolerance policy.

12. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio M/M and DOT Testing
• DOT rules apply to safety-sensitive
transportation employees;
• DOT regulations do not authorize m/m to be a
valid explanation for positive test, regardless
of otherwise applicable state m/m laws.
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13. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana and Workers
Compensation
• Ohio law says a positive post-accident drug test creates
rebuttable presumption of causation and ineligibility
for benefits
• Presumption still applies for m/m positive post
accident test
• Use of m/m not reimbursable by BWC:
– Reimbursement limited to FDA approved drugs only;
– BWC-funded drugs must be dispensed by a “registered
pharmacist;” and
– BWC only reimburses drugs on pharmaceutical formulary.
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14. Sebaly Shillito + Dyer, A Legal Professional Association
M/M, FMLA and Accommodation of
Disabilities
• FMLA leave and m/m treatment?
• Does ADA require reasonable
“accommodation” of m/m use for a
“disability”?
• Does Ohio state anti-discrimination law
require “accommodation” of m/m use?
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15. Sebaly Shillito + Dyer, A Legal Professional Association
Some Employer Policy Options
• Zero Tolerance;
• Zero Tolerance for safety sensitive positions
only;
• Impairment Only/Reasonable Suspicion;
• M/M treated same as prescription
medications;
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16. Sebaly Shillito + Dyer, A Legal Professional Association
Thank you for your
attention!
Questions?