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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Legislation in Congress, co-sponsored by U.S. Sen. Richard Durbin – D-IL – could expand treatment choices for people with opioid use disorder.
Current federal regulations mandate that people battling addictions use government-approved treatment programs to receive methadone – a drug that curbs opioid cravings.
Senate Bill 644 would expand access through board-certified addiction specialists, who could prescribe methadone in a clinic or doctor’s office.
Lindsey Vuolo – vice president of health law and policy at the nonprofit Partnership to End Addiction – said the measure would remove hardships for people who need help.
“The fact that methadone can be prescribed for pain without these restrictions really demonstrates that there isn’t medical justification for these types of restrictions,” said Vuolo. “And so, it’s really crucial to make effective treatment low barrier – or ideally, no barrier – so that people who are in need of these medications can access them without undue restrictions.”
Opponents of expanding methadone access have concerns about possible misuse, or that the drug could be distributed or sold illegally.
The bill is in the Senate Committee on Health, Education, Labor, and Pensions, and has been there since February. Nearly 3,300 people died from opioid overdoses in Illinois in 2022.
Under the current restrictions, the government-approved programs are the only option for people getting methadone treatment.
Vuolo pointed out that there aren’t enough of these programs, and people receiving the treatment must undergo counseling – which can create even more hurdles to getting care.
“People have difficulty using their insurance to access care and can’t afford to pay for the cost out of pocket, and lack of access to providers,” said Vuolo. “There’s a workforce shortage, so there aren’t enough trained providers who are able to provide treatment for opioid use disorder and substance use disorder. Behavioral health in general, there’s also lack of mental health providers.”
The Illinois Department of Public Health says in 2022, the state’s mortality rate from opioid use was 26 deaths per 100-thousand residents.
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March Madness is in full swing, and depending on where you live, you might be able to place a bet on a college basketball tournament game. Wisconsin hasn’t fully embraced the movement, but experts still advise people to avoid unhealthy habits.
A 2018 U.S. Supreme Court ruling paved the way for states to decide if they want to legalize sports betting. That helped fuel the presence of online platforms where people can place wagers through their smartphones. Wisconsin limits live bets to tribal casinos. But bettors can flock to some neighboring states for online access.
Rose Blozinski, executive director of the Wisconsin Council on Problem Gambling, said they’re neutral on these laws but still have concerns.
“We know that more people are going to do it, and we also know that more people are going to become addicted to gambling,” she said.
Since the legalization wave, Connecticut officials havehave reported a 200% increase in calls to gambling addiction hotlines.
To protect yourself from falling into traps, prevention experts recommend only betting what you can afford. If troubling patterns emerge, they suggest things like deleting betting apps and switching to flip phones. Nearly 40 states allow some form of sports betting, but some do have restrictions for college games.
The financial impacts of problem gambling can be obvious, but Blozinski noted that compulsive gamblers also have a higher suicide rate. And with mobile betting marketed toward young adults, she said this demographic should be considered high-risk.
“They’re at a time where they’re high risk-takers to start, and gambling fits right in with that, especially the sports betting. It makes them feel important; if you’re winning, you can brag to all your friends,” she added.
She said a big problem in helping young adults falling into addiction is that Gamblers Anonymous resources are outdated in the age groups they cater to. Industry leaders note their ads come with disclosures about problem gambling and where to seek help. But prevention experts say they’re not easy to understand, and called for broader funding to carry out assistance programs.
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Communities across the Commonwealth want to minimize traumatic experiences for the state’s youngest residents – as a way to help stem the drug epidemic, and prevent future generations from struggling with substance-use disorders.
According to Kentucky Youth Advocates, at least one in five Kentucky kids has had at least two Adverse Childhood Experiences or ‘ACEs.’
These include physical, sexual and emotional abuse, neglect, having family members with a substance-use disorder, witnessing domestic violence, and parental incarceration.
Dr. Connie White, deputy commissioner for clinical affairs with the Kentucky Department for Public Health, said research shows ACEs can increase risky behaviors and the development of chronic diseases – and even lead to a shorter lifespan.
“All of these things contribute as that child’s neural pathways are developing,” said White, “as they’re learning how to make choices – healthy choices, unhealthy choices – as they’re chronically stressed and their cortisol levels are chronically elevated.”
White added that it’s becoming clear that interventions promoting safe, stable environments for kids can strengthen the building blocks for healthy coping mechanisms – and reduce their likelihood of dependence on alcohol or drugs in adolescence or adulthood.
Barry Allen is president and CEO of the Gheens Foundation. It’s a member of BLOOM Kentucky, a statewide coalition pushing for policy changes to prevent ACEs.
He said increasingly, communities are recognizing the correlation between addiction and childhood trauma.
“And so, a small group of us grantmakers proceeded to seek an audience with then-Attorney General Daniel Cameron,” said Allen, “to plead the case to apply at least half of the opioid abatement settlement dollars – over $400 million – to apply those to prevention.”
This legislative session, Bloom Kentucky says it’s advocating for sustained funding for school-based mental health providers to improve access to services, for establishing a process to automatically expunge an eviction from a family’s record after a reasonable amount of time, and to prohibit minors from being named in eviction filings.
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