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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Kentucky's latest drug overdose fatality report showed a drop in deaths and for the first time, a decline in deaths among Black Kentuckians.

Groups across the Commonwealth have been working to increase access to harm reduction services.

Latosha Perry, executive director of the Louisville-based nonprofit EmpowHer with Open Arms, said her organization provides prevention services to adolescents as well as group and individual therapy for adults who are typically required to be in therapy in order to see their children.

"Some struggling with addiction or just now coming out of incarceration, they don't have the money to cover those expenses," Perry explained. "It typically decreases the rate of them reunifying with their family."

Overdose deaths in the Commonwealth decreased for the third year in a row, with a slightly more than 30% decrease in 2024, compared with the previous year. Still, more than 1,400 Kentuckians died of a drug overdose.

Ashley Smith, founder and executive director of the nonprofit agribusiness Black Soil Kentucky, said her organization has distributed Narcan units and provided training to farmers so they are equipped to act as first responders.

"We have worked to pair education outreach and technical assistance with direct produce distributions across rural and urban communities," Smith pointed out.

Both organizations received grant funding from the Foundation for a Healthy Kentucky for their harm reduction efforts.

If you or a loved one is struggling with addiction, call 833-8KY-HELP (833-859-4357) to get assistance connecting with a treatment center. Information about treatment programs is available at FindHelpNowKy.org, and information about how to obtain naloxone is available at FindNaloxoneNowKy.org.


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With less than a week in the legislative session, Nevada lawmakers are considering a bill which would change the state's laws for driving under the influence.

Senate Bill 304 would eliminate the threshold of offenses for driving under the influence prosecutors need to charge someone with vehicular homicide. Current law mandates a person have three prior DUI offenses within a seven-year period before they can be charged with vehicular homicide on a fourth offense that results in death.

According to state data, half of deadly crashes on Nevada roads are caused by drunken drivers.

Sandy Heverly, cofounder and executive director of the nonprofit Stop DUI, said she believes the bill could help save lives.

"Why are we giving these people three chances to kill us?," Heverly asked. "We've reached a point where the penalty for the crime should, and must, outweigh the risks these drunken fools are willing to take."

The bill would not only allow charges on the first deadly DUI offense but the person could face more time behind bars. Some public defenders oppose the legislation, saying state law is already tough enough on people charged with DUI. They want more training for alcohol servers and providers to prevent incidents in the first place. The bill was heard in committee last week.

Alyssa Belle Yabut is the eldest daughter of Nevada State Police Trooper Alberto Felix. Felix and Nevada Highway Patrol Sergeant Michael Abbate were killed by an impaired driver while they assisted another driver in 2023. Yabut said DUIs not only take lives, they shatter families.

"Every holiday, every birthday and every ordinary day, we feel his absence," Yabut explained. "Unjustly, under the current Nevada law, that driver could not be charged with vehicular homicide because he didn't have three prior DUIs."

Yabut said she wants the bill to be a turning point for Nevada. Critics warned the bill could lead to steep financial implications for the state and perhaps significantly increase the state's prison population.


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As Women's Health Month winds down, public health officials in Minnesota are joining the chorus of professionals warning about the prevalence of alcohol misuse, and the added health risks for women.

Problem drinking among women is on the rise, according to the National Institutes of Health.

When compared to men, women have had larger increases in alcohol-related emergency room visits, hospitalizations, and deaths in the past two decades.

Division of Epidemiology & Community Health at the University of Minnesota Professor Toben Nelson said men still drink more, but agrees it's a pressing issue for women.

He noted the significant health consequences if they develop a problem.

"A real concern for younger women - when alcohol is involved, the risks for interpersonal violence are very significant," said Nelson. "Also, injuries related to falling, that is certainly a concern as one ages."

According to federal health agencies, frequent alcohol consumption is also linked to a greater chance of developing breast cancer.

It's recommended that adult women of legal drinking age limit their alcohol intake to one drink or fewer each day.

The NIH website Rethinking Drinking has information on signs of a problem, and how to manage and respond to these situations.

For broader prevention work, Nelson encouraged bars, restaurants, and policymakers to embrace effective strategies.

"Responsible beverage service training in places that serve alcohol," said Nelson, "and also restrictions on alcohol outlet density."

He was referring to limits on approving the number of liquor stores and similar outlets in a given area.

UnitedHealthcare's Chief Medical Officer for Women's Health Dr. Lisa Saul pointed to how alcohol is marketed toward women these days.

"Terminology," said Saul, "like 'it's wine o'clock,' or 'mommy juice,' - those sorts of things have really normalized the consumption of alcohol in ways that we didn't really see before."