Ohio Drug Testing Laws

Ohio's drug testing laws provide employers with considerable flexibility, but they're subject to general limitations from state and federal anti-discrimination laws. Ohio Revised Code § 4123.01 and subsequent sections clarify drug testing in the context of worker's compensation. For a more comprehensive view, visit the code, here.

Marijuana in Ohio: Medical marijuana is legal with a prescription. Recreational marijuana remains illegal.

To stay updated on Ohio's drug testing laws, it's advisable to consult the Ohio Revised Code official website.

Drug Testing Issue Status Comments
Instant or POCT Testing Not specified Confirmatory tests may be advisable for positive results.
Drug Panels Not specified Employer discretion based on policy.
Laboratory SAMHSA-certified recommended Ensures accuracy and reliability.
Medical Review Officer (MRO) Recommended For validation and verification of results.
Random Testing Not specified Usually for safety-sensitive roles.
Post-Accident Permitted Based on employer policy or safety concerns.
Reasonable Suspicion Permitted Observable evidence is typically required.
Oral Fluids Not specified Employer discretion based on policy.
Hair Testing Not specified Employer discretion based on policy.
Unemployment Denial Possible If termination due to drug/alcohol policy violation.
Workers Comp Discount Yes Via Ohio's Drug-Free Safety Program.
Intoxication Defense Permitted Especially relevant for worker's comp claims.
Medical Marijuana Yes with prescription Legal for medical use.
Recreational Marijuana No Illegal in Ohio.
Report Driver DOT Positives Follow federal guidelines Compliance with federal DOT regulations is necessary.
General Statute Ohio Revised Code § 4123.01 For more, see the Statute.

In Ohio, while medical marijuana has been legalized for patients with a prescription, recreational use remains outlawed. For employers, drug testing is largely at their discretion, but they should consider the implications of state and federal anti-discrimination laws. Adherence to best practices, such as utilizing SAMHSA-certified labs and engaging a Medical Review Officer (MRO), is recommended.

The Medical Marijuana statute implements protections for employers, such as defining positive test results as “just cause” for termination, and does not allow a cause of action against an employer for discharging or refusing to hire an employee who tests positive despite having a Medical Marijuana card.

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