5/30/19

Griffaton Quoted in Columbus Dispatch Story Titled “Ohio Employers Can Fire Workers Who Use Medical Marijuana”

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Attorneys & Professionals

Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a Columbus Dispatch story titled “Ohio Employers Can Fire Workers Who Use Medical Marijuana.”  According to the story, Ohio employers can fire or refuse to hire individuals who use medical marijuana.

The story states:

“Medical marijuana is legal in Ohio, but it remains illegal at the federal level and Ohio employers are testing for it like they would any other illegal drug.

‘Under Ohio law, employers don’t have to currently hire someone who uses medical marijuana and they don’t have to retain an employee that tests positive for medical marijuana,’ said Michael Griffaton, an attorney at Vorys, Sater, Seymour and Pease LLP.

Employees can’t sue their employers for taking action based on medical marijuana use, and employees fired under workplace drug testing or drug-free workplace policies are ineligible for unemployment benefits.”

The story also states:

“Questions arise, Griffaton said, when an employee tests positive for medical marijuana but does not appear to be impaired at work.

‘I think that’s going to depend on the employer,’ Griffaton said. ‘If you have an employer that has safety-sensitive positions, then it’s going to be a very strict no tolerance policy.’”

To read the entire story, visit the Columbus Dispatch website. (Subscription may be required).