Public officials and HR groups say some public agencies aren’t changing their cannabis policies because the federal government classifies marijuana as a controlled substance with “no medicinal value and high potential for abuse.”
Paul Armentano, deputy director of NORML, said employers should stop punishing employees for activities they engage in during their off hours that pose no workplace safety threats. NORML is a group that supports the legalization and responsible use of marijuana for adults.
“Those who consume alcohol legally and responsibly while away from their jobs aren’t punished by their employers unless their work performance is adversely impacted,” he said. “Those who legally consume cannabis should be held to a similar standard.”
Labor law experts say despite the legalization of recreational marijuana, employers are still free to enforce drug-free and zero-tolerance policies at work.
Cities: Just say no
Beavercreek, Fairborn and other local cities say they continue to have “zero-tolerance” policies when it comes to drugs, including marijuana, even though Ohio voters decided to legalize adult recreational use of cannabis last year.
A policy approved and issued in December by Kettering’s city manager and HR director says marijuana still is classified as a Schedule I drug and has no accepted medical use in the United States.
For Kettering employees, use of any form of marijuana cannabis is cause for disciplinary action up to and including dismissal, said Mary Azbill, Kettering’s community information manager.
“Our goal is to protect the safety of our employees and those we serve,” she said. “The city’s policy is in place to allow us to achieve it.”
Marijuana is classified as a Schedule I controlled substance and is prohibited, despite any state or federal law, said Katy Carrico, communications director for the city of Beavercreek.
Fairborn’s policy states that city employees are prohibited from using and possessing illegal drugs or other controlled substances, except medication that is prescribed by a licensed physician. A Fairborn spokesperson said the city does not plan to change its stance on marijuana.
After Ohio voters legalized recreational marijuana, city of Trotwood employees were emailed the city’s drug-free workplace policy as a reminder of its rules, said Stephanie Kellum, Trotwood’s deputy city manager.
The city of Dayton has a human resource policy for the “fitness for duty of city employees.” The policy, issued in late 2017, says employees are not allowed to consume any controlled substances without a prescription from a licensed doctor of medicine or osteopathy.
“Marijuana is a Schedule 1 drug due to federal law, and city employees may not consume and/or use marijuana, including use of marijuana for medicinal uses as allowed by Ohio law,” the policy states.
The firefighter union’s contract has the same language. Kraig Robinson, president of Dayton Fire Fighters - Local 136, said the union had no issues with the policy or language because marijuana is still a Schedule I substance under federal law.
“If it is ever changed on a federal level, we will have a different discussion with the (city of Dayton),” he said.
Not every jurisdiction strictly prohibits marijuana use outside of work.
Montgomery County does not prohibit its workers from using marijuana off the clock, unless they are under 21 years old, said Deb Decker, the county’s director of communications.
“We do not monitor an employee’s choice to use substances that create impairment on their own time,” she said. “However, if their substance use creates an impairment on the job — or their impaired actions somehow disparage the county off the job — they are subject to disciplinary action.”
Armentano, with NORML, said employees who consume cannabis during their off hours are little different from their peers and they do not pose an increased safety risk.
He also said marijuana-testing policies in the workplace are not evidence-based and are a discriminatory, holdover practice from the 1980s “war on drugs.”
NORML says research shows that off-the-job cannabis use does not lead to higher rates of work-related injuries.
However, some employers and groups that represent employers say there are legitimate concerns about marijuana use impacting insurance costs and liability.
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