Even if Ohio Gov. John Kasich signs into law a bill legalizing medical marijuana, some patients could be stopped from treatment by their employers. The bill passed by the state legislature last month would allow individuals to use, but not smoke, marijuana with a physician's permission. However, the bill also allows employers to keep drug-free workplace policies.

Even if Ohio Gov. John Kasich signs into law a bill legalizing medical marijuana, some patients could be stopped from treatment by their employers.

The bill passed by the state legislature last month would allow individuals to use, but not smoke, marijuana with a physician's permission. However, the bill also allows employers to keep drug-free workplace policies. That means as long as employers express the policy upfront, they have the right to fire, or choose not to hire, an individual based on marijuana use, even if that employee has permission to use the drug.

Marijuana, unlike prescription painkillers, is still considered a Schedule 1 drug at a federal level, said Rep. Stephen Huffman, R-Tipp City, who sponsored the bill. Although there are regulations in place protecting an individual's right to take legally prescribed drugs, those do not apply to marijuana.

Leaders of some trade groups, like Tony Seegers, director of state policy for the Ohio Farm Bureau Federation, say it's a reflection of Ohio's employment-at-will policy. Employers and employees have the right to terminate employment for any reason, unless specifically prohibited by law.

Still, others argue the provision infringes on employee rights and could lead to discrimination.

Fred Gittes, legislative counsel for the Ohio Employment Lawyers Association, said it's illogical for employers to be allowed to prohibit marijuana use, considering they are not allowed to prohibit the use of other potentially dangerous, legally-prescribed drugs like opiates.

"That provision defies common sense," he said "It�s nonsense and it's wrong."

He added such restrictions by employers would qualify as disability discrimination.

Gittes conceded employers should have some ability to prohibit marijuana use in fields requiring high physical coordination. But he said there's no reason to assume that the average worker couldn't function on marijuana.

"Farming is dangerous and industrial work is dangerous as well," Seeger said. "We're just making sure people are able to do their jobs safely."

Phil Parker, chair of the Ohio Metro Chambers of Commerce, said having such a provision in the bill protects employers and employees alike from potential economic losses, workplace incidents and litigation due to marijuana impairment.

Parker said he hopes the provision will also shed light on dangers in the workplace incurred by prescription drugs in general. Painkillers can also affect peoples' reflexes and decision making.

"All the proliferation of drugs that are in the community, we probably should have done a better job a decade ago addressing some of the consequences of people using those drugs," he said.

Mary Jane Borden, president of the marijuana advocacy Ohio Rights Group, said legalizing medical marijuana doesn't do much good if people lose their jobs because of it. Just because someone tests positive on a drug test doesn't necessarily mean they're impaired, she said. Marijuana can stay in the system for days or weeks after use.

"It depends on the person and the job," she said. "Marijuana is not a one-size-fits-all chemical."

But Rob Ryan, president of Ohio Patients Now, another marijuana advocacy group, said he supports employer's right to prohibit marijuana. Even so, he said the bill will likely lead to reductions in workplace drug-free policies and drug testing.

Before its legalization, employers might have been uncertain as to their liability in cases of workplace drug use. But he thinks many employers are frustrated with the burden of drug testing, and would just as soon drop it.

"My two cents has always been if you're going to smoke pot for whatever reason, especially medical, be a good employee," he said. "Don�t be a screwball."

wperkins@dispatch.com

@wtperkins