Issue 2 takes effect: Despite the change in laws, there is no change to NEOMED’s position
Dear NEOMED Community:
Ohioans voted to legalize recreational marijuana by passing Issue 2 on Nov. 7. That law, which allows the commercialization, regulation, taxation and adult use (aged 21 and older) of cannabis, officially went into effect yesterday, Dec. 7. Northeast Ohio Medical University’s drug-free workplace and tobacco-free policies have been updated to reflect this change in the law, but the position of the University remains the same – cannabis is not permitted on campus and cannot be used by students or employees while engaged in learning or working activities, on or off campus
In addition, health systems or other clinical learning environments where NEOMED learners may engage in curricular or co-curricular activities are not required to accommodate a student’s use, possession or distribution of cannabis, and many of our health system affiliates prohibit such activities. The law also permits our affiliates to continue, or establish, a drug-testing policy, drug-free workplace policy or zero-tolerance drug policy.
To date, NEOMED has not been informed that any of its clinical partners have changed their existing requirements related to drug testing prior to engaging in a clinical experience at their sites.
Federal and State Law
NEOMED faculty, staff and students are subject to federal and state laws along with University policies that prohibit possession or use of marijuana on the University’s property.
Possession and use of marijuana – even if obtained legally under Ohio law – is prohibited in or on all University-owned, operated or leased property. This includes the entire campus footprint and all buildings with it, specifically The Village, the NEW Center, the Medical Office Building and Bio-Med Science Academy.
Because NEOMED receives federal funding, the University is also subject to federal law in this area, including the Drug Free Schools and Communities Act. This act specifically prohibits possession, use, cultivation or distribution of marijuana in relation to any University activity, even when those actions would be legal under state law.
NEOMED will continue to evaluate policies, monitor proposed legislative changes and determine if changes are needed to continue to comply with the law. Any changes will go through the requisite policy process and be communicated to the NEOMED community.
Employers and landlords
Employers are not required to permit or accommodate an employee’s use, possession or distribution of adult use cannabis. The law does not prohibit an employer from discharging, disciplining or otherwise taking an adverse employment action against an individual with respect to hire, tenure, terms, conditions or privileges of employment because of that individual’s use, possession or distribution of cannabis. The law also does not prohibit an employer from establishing and enforcing a drug testing policy, drug-free workplace policy or zero tolerance drug policy.
While the law currently states that adults age 21 and over are allowed to have up to 2.5 ounces of marijuana and 15 grams of extract (such as oil or hash) as well as grow up to six plants for personal use, please know that each constitutes possession and is prohibited on NEOMED property. Landlords, even those not affiliated with NEOMED, are allowed to prohibit consumption of marijuana on their properties if they choose.
Educate yourself on the laws
The sale and purchase of marijuana – in-person or online – were approved in Ohio. However, both remain illegal until state regulators license approved dispensaries. Licensing is not expected to be complete until summer 2024. As a result, purchasing marijuana outside of a licensed dispensary will remain unlawful even after Dec. 7.
Buying legally purchased marijuana in other states and bringing the product to Ohio also remains illegal.
Possession of marijuana in another state, such as Kentucky and West Virginia, is subject to their state laws — even when purchased legally in Ohio. In all three states, driving under the influence of marijuana remains illegal.
Educate yourself on all interstate laws regarding the use, purchase and sale of marijuana.
And know that smoking marijuana in public is prohibited everywhere in Ohio as is using a motor vehicle, bike or scooter while using or under the influence of the drug.
Your safety and wellness are our utmost concern.
Sincerely,
John T. Langell,
President