By Mara O'Malley for Kent State News Lab.
Broadcast version by Nadia Ramlagan reporting for the Kent State-Ohio News Connection Collaboration.

Though it is now legal for Ohioans to use cannabis, the 2023 passage of Issue 2 does not prevent employers from drug testing job applicants and employees and instituting zero-tolerance policies. Employers in Ohio are still permitted to penalize workers who use, possess or distribute marijuana.

But the City of Cleveland announced in December that it would eliminate pre-employment drug tests for some city jobs.

"Pre-employment testing can oftentimes create obstacles in filling open positions by preventing otherwise qualified candidates from even applying," said Matthew Cole, director of human resources for the City of Cleveland, in an email. "These policy updates are more cost-effective and will ultimately help us widen the applicant pool for several City positions."

Katherine Mills, a Cleveland-based employment attorney at Fisher Phillips, says companies can still enforce pre-employment, random or reasonable suspicion testing of all employees.

"Each employer will have to evaluate their business needs and balance that against what employees may choose or opt to do outside of work," Mills said. "The bill language does specifically state, though, that employers do not have to permit cannabis use that impacts the workplace."

Cleveland says it intends to maintain a drug-free workplace by making it known that employees are required to be fit for work and will be prohibited to work while impaired, meaning that they must be free from any kind of alcohol and drugs, including marijuana.

"It's really going to be on a case-by-case basis for employers to evaluate their situation and then determine what is going to be the best course of action, both for the business and for their employees," Mills said.

The City of Cleveland has decided to only drug test for certain positions, like those identified as safety or security jobs or those that fall under the federal Department of Transportation.

"We are constantly evaluating our policies to ensure they align with the needs and desires of both our current and prospective employees," Cole said via email.

Whatever a company decides, Mills says it needs to update its employee handbook and published policies so that employees know that even though marijuana is legal, it may still be prohibited in their workplace.

The National Organization for the Reform of Marijuana Laws, or NORML, advocates for cannabis legalization. They say some states that have legalized marijuana go further and prohibit the firing or hiring of an employee based on a drug test.

Several states, including California, Connecticut, Minnesota, Montana, New Jersey, New York and Rhode Island, prohibit most employers from refusing to hire or from firing someone based solely on a positive drug test for marijuana, according to NORML. Three other states - Michigan, Nevada, and Washington - prohibit most employers from refusing to hire someone based solely upon a positive drug test.

"What good is this law allowing for the legalization for production, sale, and use of marijuana if these people who engage in that activity can lose their job?" said Paul Armentano, deputy director of NORML.

Armentano said many states around the country have had marijuana laws in place for years and have not seen occupational accidents or absenteeism skyrocket.

"There isn't a single state that has ever legalized marijuana for either medical purposes or adult use purposes that has ever repealed or even rolled back their legalization law," Armentano said.

Similar policies have been put in place around the country among multiple different states. Through studies that have been done the work-place performance has not been affected from after-work marijuana use.

Workplace policies will have to continue to evolve as Ohio figures out recreational marijuana, Mills said.

"All the regulations of things are still being developed," Mills said. "We're kind of in this gray space of, it's technically legal but there is no dispensary that adults can currently walk into and buy adult-use marijuana."

During this time, Fisher Phillips recommends that companies review and consider updating their drug testing protocols. Whether or not they make changes, employers should update their employee handbooks so that employees know the company's stance on cannabis use.

Beyond that, companies can have last chance policies - in which an employee agrees to seek substance abuse treatment and refrain from further use of alcohol or drugs in order to keep their job - and substance abuse programs. The law firm also suggests that employers offer training, stay up to date on changing regulations and clearly communicate their expectations to employees.

"We can definitely help find that sweet spot of, you know, respecting the ever-changing landscape that we exist in while also prioritizing both workplace needs and safety concerns," Mills said.


Mara O'Malley wrote this article for Kent State News Lab. This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


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Expanded treatment for opioid addiction is now available in New Mexico.

The state's Department of Health is offering medication-assisted treatment for opioid use disorder in four regions around the state.

Josh Swatek, harm reduction program manager for the New Mexico Department of Health, said medication to treat the addiction should help reduce opioid cravings.

"This is really designed to help reach some of the most rural communities, to really create a safety net," Swatek explained. "Folks have options for substance-use treatment in their local communities."

Swatek noted more than 2 million people in the U.S. have an opioid-use disorder. New Mexico previously offered outpatient disorder treatment in Las Cruces, Albuquerque and Roswell but has now expanded treatment to 30 public health offices. He pointed out in 2022, the state recorded slightly more than 700 deadly opioid overdoses.

Swatek emphasized his department is focused on harm reduction -- acknowledging people use drugs for a variety of reasons -- but can also live healthy, self-directed and purpose-filled lives by adopting specific strategies. He added research shows people are five times more likely to enter substance treatment programs and three-and-a-half times more likely to succeed if they have first participated in harm-reduction programs.

"We're working closely with the New Mexico department of corrections," Swatek stressed. "They're going to be required to offer substance-use treatment as well in their facilities, so that when folks are discharged there's a plan. No matter where they are in New Mexico, we can hopefully continue their treatment in a public health office, if need be."

Swatek acknowledged those struggling with addiction often are stigmatized by their community and harm-reduction programs can minimize risks until they're ready to take steps toward treatment or recovery. He observed some patients have told researchers telehealth has helped them have a greater sense of autonomy and control over their treatment.


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Often celebrated in popular culture, Wisconsin's relationship with alcohol continues to give way to troubling statistics that center around excessive drinking and there are calls to step up prevention efforts.

The Badger State still ranks high for beer production.

Maureen Busalacchi, director of the Wisconsin Alcohol Policy Project at the Medical College of Wisconsin, said consumption levels for all types of alcohol overshadow market gains. For example, all Wisconsin counties exceed the national average for excessive alcohol use. In 2022, the state recorded more than 3,300 alcohol-related deaths.

"This has been an ongoing problem in Wisconsin, in part, I think, how our regulatory system works, how our culture works," Busalacchi observed. "There's maybe not as much enforcement of policies as there are in other states."

She pointed out binge drinking is a major problem, and boosting age compliance checks at places that sell alcohol could help curb the activity among young adults. Busalacchi sees hope at the local level with stronger enforcement at community events, as police agencies take notice of the ripple effects of people being overserved or minors gaining access to these products.

However, she reported people who have developed a drinking problem often encounter waiting lists for treatment programs.

Faith Gladem, executive director of the Harbor Recovery Center, a nonprofit in central Wisconsin emphasizing family support in transitioning to recovery. She said they are able to meet demand through their services but referrals for more intensive help can be an issue.

"When someone needs treatment, we do not have enough treatment beds in Wisconsin," Gladem asserted. "We do not have enough detox facilities that detox with dignity."

Her team wants to help foster a mindset in Wisconsin where alcohol is put on the same level as other substance use disorders. The State Council on Alcohol and Other Drug Abuse recommends more evidence-based education and Busalacchi added it is important to understand not just the short-term effects, such as traffic fatalities but the cumulative impact as well.

"The long-term impact of alcohol use can be cancer. It can also be high blood pressure, heart disease, liver disease, stroke," Busalacchi outlined. "And then there's the social and wellness issues; your family gets frustrated or you're losing work."


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More than 1,000 New Mexicans die from drug overdoses each year, and while there's been a slight drop in overdoses from opioids nationwide, it's mostly offset by those from cocaine and other stimulants.

James Besante, chief medical officer at the Santa Fe Recovery Center, said the opioid crisis is evolving - sometimes described as "waves." Now in its fourth wave, he said the nearly 4% decrease reported by the Centers for Disease Control and Prevention is good news, but doesn't reflect what he's seeing on the ground. He noted that it's common that multiple drugs are involved in overdose deaths.

"Increasingly we are seeing individuals overdose on substances other than opioids," he said, "where their substance has been adulterated with an opioid like fentanyl."

When the United States' opioid crisis was at its peak, New Mexico was sixth among the 50 states for overdoses - about 50 individuals per 100,000 people. If preliminary CDC data showing opioid deaths decreased in 2023 is confirmed, it would be the first annual decrease in drug-overdose deaths since 2018. Besante said any success is good news and offers hope to suffering individuals and families.

About 30% of New Mexico residents live in rural counties, which Besante said are medically underserved - with fewer treatment centers and providers prescribing life-saving medications.

"While in some areas of the country we've seen an explosion of tele-medicine, tele-addiction treatment - that has not found its way into very rural communities," he said, "and oftentimes the local pharmacy is not stocking the medications that are prescribed."

In 2021, almost 107,000 drug-overdose fatalities occurred in the United States. West Virginia was the hardest-hit state, approaching twice the number in New Mexico. Besante saif approximately 25% of clients at the Sante Fe treatment center are unhoused and don't have health insurance.