As Ohio enters the ranks of U.S. states allowing for medical marijuana, the field of workers compensation is preparing for changes.
September 8, 2018, was the date after which Ohio was supposed to begin allowing medical marijuana. However, given the number of changes the state is undergoing to prepare for the new laws, that date has been moved forward. At this point, it is difficult to predict when such distribution may begin.
As the Herald-Star in Steubenville, Ohio, reports, companies such as Working Partners are helping employers establish their own in-house policies regarding medical marijuana use among their workers.
Ohio’s new law is very specific, unlike the laws of other states. Homegrown marijuana is not allowed. Patients are not allowed to smoke plant materials, but they can vaporize plant materials or oil. Patients can access a variety of methods of oral consumption, including oil, capsules, and tinctures. Some edibles are allowed, but only edibles that are not attractive to children.
Aside from ingestion, transdermal methods are also beginning to be legal in Ohio. Patches, similar to the nicotine patches used to defeat nicotine addiction, will be allowed. Topical lotions and ointments will be included in the list of prescriptions.
Here is what Ohio’s Bureau of Workers Compensation (BWC) says about the new medical marijuana law. It is important to note that the law does not require Workers Comp to pay for medical marijuana. Also key is that an employee whose injury was “the result of being under the influence of marijuana” will not be eligible for Workers Comp benefits, even if that employee has a prescription for marijuana from a doctor.
For employers, the BWC recommends establishing themselves as “drug-free workplaces.” Parts of the new law refer to the use of medical marijuana as being a violation the drug-free workplace policy of an employer. Such policies, or zero-tolerance policy, may infringe upon the ability for an employee to claim Workers Comp benefits.
For an employee, this means that medical marijuana use needs to be handled carefully. Any employer can fire an employee for using medical marijuana — they can also refuse to hire you for medical marijuana use.
Marijuana is covered under “rebuttable presumption” under Ohio’s new law. That means that, even if the medical marijuana prescription was written by a physician, and the recommendation was fully legitimate, it can impact a Workers Comp claim. If your injury happened while you were under the influence of medical marijuana, the company can claim that your intoxication caused your injury, and it can prevent you from receiving benefits from Workers Comp coverage.
Workers Comp will not reimburse for medical marijuana
Also worthy of noting are Ohio’s existing laws, and how the new legislation does not change them.
Prescriptions funded by the BWC — paid for by Workers Comp — must come from a registered pharmacist, and from an enrolled provider. Ohio’s new medical marijuana will not be available at pharmacies. Only retail marijuana dispensaries will be issuing medical marijuana to patients, and these retail dispensaries are ineligible for Workers Comp.
Current Ohio law also states that Workers Compensation will only cover medicines that are approved by the U.S. Food and Drug Administration. And since the FDA has not approved medical marijuana, therefore Workers Comp cannot cover it.
At this point, marijuana continues to be a Schedule I illegal drug in the United States. Federal law does not allow for medical marijuana. Despite what Ohio’s new medical marijuana law will allow for, the state’s Bureau of Workers Compensation remains in lockstep with federal law as it applies to marijuana or marijuana-derived products.