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COLUMBUS (Ohio) — In August, recreational marijuana sales began in Ohio. This major development has raised a lot questions. I’ll break them down.

I’ve been answering questions and concerns from viewers and readers about marijuana. This story focuses primarily on employment.

The last edition included a dozen questions about sales, including where to buy and smoke.

Where can you smoke marijuana now that it is legal?

RELATED: Can I smoke marijuana in public? Why is it so pricey? We answer all your questions about cannabis for recreational use

Can I be fired for smoking marijuana off the job?

Yes. Private companies are free to set whatever policies they like, regardless of whether the substance is legal.

Sharona Hoffman, a professor of employment law at Case Western Reserve University, said that just because marijuana is legal in your state does not mean employers can’t say they don’t want their employees to use it or to come to work after having used it. They can fire them.

Do I still need to be drug tested for work?

Yes. This could lead to some interesting scenarios.

CWRU law professor Jonathan Entin said that there is a grey area in the ability of drug tests to determine whether or not you have used marijuana.

Entin said, “It is not sensitive enough to capture.”

Research by Healthline Shows that cannabis can be detected

• In blood You can use it for up to 12 hrs unless you’re a “chronic heavy-user” who has been using it for 30 days.
• In saliva You can use it for up to 24 hour unless you are using it frequently. This could lead to detection after 72 hours.
• In urine Depending on usage, the product can last from three to thirty days.
• In hair follicles No matter how much you use it, you can get up to 90 days of free service.

Can I sue if I’m fired for a positive test?

You can always sue. You may not win.

Hoffman explained that hair follicle testing for drugs can be unfair to people of color for a variety of reasons. She said that some studies have shown drugs tend to stay in hair longer and can bind with hair that has higher concentrations melanin.

Hoffman said that African American workers had filed lawsuits claiming that they were discriminated against because they were more likely to be caught if they used drugs than other workers.

Why is the law so strict?

Hoffman explained that the federal government is responsible for all of this.

“It is still a controlled drug,” she said.

Cannabis is currently classified as a Schedule I substance, which means it has a high abuse potential and no accepted medical uses. Other drugs in this category include heroin, LSD, and ecstasy.

Joe Biden, however, is trying to reclassify this drug as a less serious offense. According to the DEA, the Justice Department wants to reclassify it as Schedule III, which means that it has a low to moderate potential to become addicted to substances. This would align cannabis, anabolic steroids and testosterone with ketamine.

Cleveland Heights Mayor Kahlil seren wants the government to move more quickly.

“There are still obstacles that we need overcome in order to make [the marijuana] Seren told my on the first day marijuana sales that he wanted to make the industry more efficient and effective. “This model is inefficient because of the misguided federal regulations on cannabis.”

He said that reducing the penalties for drug use is a sensible thing to do.

“[The feds] The mayor said that if the government would get off its a —-, and do the right thing, it would make life so much easier for both business owners and clients. “The federal government must work hard to catch us up.”

Hoffman noted that it is possible for employers to decide to test other substances, but not marijuana. He also noted a recent trend to exclude cannabis as a drug to fire for.

She said that it was within the employer’s right to set this policy.

I am a state employee. Do I have to be tested still?

You should be prepared to be. However, I spoke to dozens of employees who all reported different policies within their Ohio agency.

Staffers at all levels of the Ohio House, Senate, and executive offices claim that they have never been randomly tested for drugs or drug use. According to former and current employees, however, other state agencies like Highway Patrol and Administrative Services do require drug tests.

Hoffman said that the agency might believe that drug testing is more important if they are dealing with young people or law enforcement because they are supposed to be role models or enforce these laws.

The same is not true for lawmakers. They are never tested for drugs before they are appointed to their positions.

One user of X, formerly Twitter, asked me this question Double standard. Jamie Callender, a weed-lover state representative (R-Concord), told me that he agreed with this user. He fought to protect marijuana policy from being restricted. He also used his leadership position on the rule-making panel to advance cannabis sales.

Callender said: “Since these are state employees and not federal employees — and since it is not illegal to consume marijuana in Ohio — I would not be in favor of monitoring this chemical in employees.”

He said he was fine with staffers being drug tested in general, but only for illegal substances.

He said, “I don’t like the idea of testing something that is legal and readily available in the public sector.” “Unless we are testing for alcohol and cigarettes, I have no problem testing for marijuana.”

The Republican added that lawmakers should not be above the law.

“The fact there isn’t an official termination process for elected officials — for good reasons — does create a little bit of a difference, but I’m no fan of double standards,” he said.

He said it would be easier to eliminate marijuana tests in general.

“People move from agency to agency constantly, and to change standards based on the agency seems kind of arbitrary,” said he. “It is important that we acknowledge that in Ohio, THC and cannabis are legal.”

Would his fellow legislators agree? Callender doesn’t know.

I’m fired for recreational drug use. What if I applied for a medical licence? Can I then smoke weed?

Not exactly.

Hoffman said that the Americans with Disabilities Act would cover becoming a medical marijuana patient.

“But then, you start asking questions like, ‘is it reasonable to allow this employee in this position to use marijuana?'” She said.

If fired, an employee could sue the federal Equal Employment Opportunity Commission. However, there are strong arguments that an employer can use.

She said that there is a defense known as the Direct Threat Defense. It is about whether or not the employee creates a danger to themselves or others. “Those are the arguments that it’s not safe for the person to operate this type of equipment if they have marijuana in their systems.”

What is the best way to keep my job?

Check your company’s policies!

When in doubt, it is better to pass than puff.

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