To Test, or Not To Test? That is the Question.
As of November 7, 2023, Ohio became the 24th state to legalize adult recreational use of marijuana. Ohio voters passed Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”), by a 57% to 43% margin, and the Act took effect on December 7, 2023. The November 7 citizen-initiated ballot legalized the possession, home cultivation, and retail sale of cannabis for adults 21 and older. This presentation will examine the potential effect this Act will have on the employers’ legal obligations and restrictions surrounding the usage of marijuana by their employees in the State of Ohio; drug-free workplace policies; drug testing; zero tolerance policies; employees’ ability, or lack thereof, to use, possess, and/or distribute marijuana in the workplace or on personal time; and federal DOT regulations. In addition, the speakers will discuss whether employees may still be discharged in Ohio for their usage of the drug under the “just cause” test. Finally, an update will be provided regarding the status of potential modifications the Ohio legislature may attempt regarding this law.
Rob Zimmerman is a partner in the Litigation Practice Group at Benesch Law, and he is also the Chair of the Government Relations Practice Group. As a civil trial and appellate lawyer with over 30 years’ experience, Mr. Zimmerman has litigated cases involving employment discrimination, wrongful discharge, unfair competition, defamation, breach of contract, real estate, landlord- tenant, zoning, land use, eminent domain, constitutional rights, election law, campaign ﬁnance, trusts, administrative, business, and commercial law.
Mr. Zimmerman practices throughout the state and federal courts located in Ohio and around the country. He has been recognized as one of the Top 100 Lawyers in the state of Ohio and one of the Top 50 Lawyers in Cleveland by Ohio Super Lawyers. He is a frequent lecturer on various legal topics and has a deep expertise as a lawyer on matters of public concern. He has litigated notable cases on behalf of all levels of Ohio government, impacting law and policy in the process.
In addition to being an accomplished civil trial lawyer, Mr. Zimmerman is a respected government relations advocate. He advocates on behalf of private companies, non-proﬁt institutions and political subdivisions before all levels of the Ohio government on policy, legislative, economic development, procurement and other matters of public concern.
Mr. Zimmerman has written several articles and is a member of The Ohio State University Moritz College of Law National Council, the City Club of Cleveland, the Cuyahoga County Democratic Party Central and Executive Committees, the Ohio State Bar Association, and the Cleveland Metropolitan Bar Association. He is also a former member of the Shaker Heights City Council, the Jewish Federation of Cleveland, the Anti-Defamation League (where he was the Civil Rights Committee Chair), the American Jewish Committee, the Cleveland Jewish News, and the Menorah Park Center for Senior Living. In addition, he is a Board Member of the Friendship Circle (a special needs children service organization) and a Charter Class Member of the Cleveland Bridge Builders.
Mr. Zimmer graduated cum laude from The Ohio State University in 1988, and he graduated from The Ohio State University Moritz College of Law with a Juris Doctor in 1991.
An application for 1.0 hours of general CLE credits has been submitted to the Supreme Court of Ohio.
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This event will be an in-person event with a catered lunch. Please book your seat below!
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