Earlier this year, the Ohio General Assembly passed House Bill (HB) 523, which allows the use of marijuana for certain medical purposes. HB 523 became effective in September and establishes a comprehensive, state-wide system to regulate the use, cultivation, and distribution of medical marijuana. Under the new law, the use of medical marijuana will be permitted if recommended by a physician for the treatment of certain qualifying medical conditions and is permitted only in the form of oils, tinctures, plant material, edibles and patches. Smoking of medical marijuana is expressly prohibited.

The OLC has received requests from Institutional-member libraries for an updated sample drug free workplace policy now that the new law has taken effect. The OLC worked with its legal counsel at Vorys, Sater, Seymour and Pease LLP to develop three different sample policies depending on the needs of each library because this is not a “one-size-fits-all” area of law. There will be variations depending on the library’s status as a federal contractor and/or the library’s workers’ compensation preferences, as described below.

• Sample Policy #1: For libraries that do not receive federal grants, that do not need to comply with the federal Drug Free Workplace Act, and do not participate in the BWC Drug Free Safety Program.

• Sample Policy #2: For libraries that do receive federal grants that need to comply with the federal Drug Free Workplace Act, but do not participate in the BWC Drug Free Safety Program.

• Sample Policy #3: For libraries that do receive federal grants that need to comply with the federal Drug Free Workplace Act, and do participate in the BWC Drug Free Safety Program

Only organizations that are federal contractors or receive federal grants need to comply with the federal Drug Free Workplace Act. Libraries that receive federal grants will need to take this into consideration.

Also, the Bureau of Workers’ Compensation (BWC) has two levels of participation in its Drug Free Safety Program. Policies will differ depending on the library’s level of participation – this is noted in sample policy number three. There are additional requirements for compliance with the program that are not expressly stated in the sample policy, such as annual reports given to the BWC.

It is important to note that even though Ohio’s medical marijuana law has taken effect, both the BWC program and the Drug Free Workplace Act still require employers to prohibit marijuana use.

If you have any questions, please contact Michelle Francis, OLC Director of Government and Legal Services, at mfrancis@olc.org.