Ohio cannabis employment and drug testing law
No statutory protection. State law says nothing requires employers to accommodate marijuana and expressly allows refusing to hire or disciplining over its use. Status: No statutory protection — State law expressly lets employers refuse to hire or discipline over cannabis use.
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Key Takeaways
- Status: No statutory protection — State law expressly lets employers refuse to hire or discipline over cannabis use.
- Main source: Ohio Rev. Code § 3796.28.
- Federal testing rules (DOT and federal workplace programs) apply regardless of state law.
Is there any protection?
- Ohio law creates no employment protection for marijuana use. R.C. 3796.28(A) states that the chapter does not require an employer to permit or accommodate an employee’s use, possession, or distribution of marijuana.
What employers may do
- The section does not prohibit refusing to hire, discharging, disciplining, or other adverse action because of a person’s use, possession, or distribution of marijuana.
- It does not prohibit drug testing, drug-free workplace, or zero-tolerance policies, and does not interfere with federal restrictions such as DOT testing rules.
- It does not permit a lawsuit against an employer over adverse employment action related to marijuana.
Drug testing rules
- A person discharged for marijuana use is considered discharged for just cause for unemployment-benefit purposes, as described in R.C. 3796.28(B).
Federal law and testing
Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.
Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.
For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.
Common questions
Can you be fired for using cannabis in Ohio?
Generally, yes. Based on Ohio Rev. Code § 3796.28, Ohio law does not protect employees from adverse action over cannabis use, so an employer’s drug policy usually controls.
Can Ohio employers still drug test for THC?
Yes. Ohio Rev. Code § 3796.28 does not ban drug testing; it shapes what an employer may do with the results. Federally required tests, such as DOT-regulated jobs, are unaffected by state law.
Does Ohio law protect CDL drivers or federal workers?
No state law overrides federal testing rules. DOT-regulated employees remain subject to federal cannabis testing, and a state medical recommendation is not an accepted explanation for a positive result.
Sources
- government Ohio Revised Code § 3796.28, Employer rights (Ohio Laws) ↗ accessed 2026-10-03
- government eCFR, 49 CFR § 40.151 — What are MROs prohibited from doing as part of the verification process? (U.S. DOT) ↗ accessed 2026-10-03
- government Federal Register, Mandatory Guidelines for Federal Workplace Drug Testing Programs: Authorized Testing Panels (March 13, 2026) ↗ accessed 2026-10-03