On January 4, 2018, the Department of Justice (“DOJ”) issued a Memorandum to announce that federal prosecutors may exercise judgment when deciding whether to prosecute marijuana-related crimes. The DOJ’s Memorandum may be found at: https://assets.documentcloud.org/documents/4343688/AG-Marijuana-Enforcement-1-4-18.pdf. The DOJ rescinded the Obama administration’s hands-off policy which de-emphasized prosecution of federal marijuana laws in states that legalized marijuana, recreational or medicinal. The decision allows federal prosecutors unfettered discretion to prosecute marijuana-related crimes.
Most Ohio employers prohibit possession or use of marijuana, including medical marijuana, because an employee’s authorized use of medical marijuana under state law provides no additional rights or protections relative to employment. Ohio employers that have zero-tolerance drug policies prohibiting use or possession of marijuana for all purposes are not impacted by the DOJ’s announcement. Ohio employers that do not maintain such a prohibition should review their policy and revise as warranted. FHKAD will keep you updated on any additional changes in DOJ policy. Feel free to contact Frank Hatfield at fhatfield@fishelhass.com or 614-221-1216 with any questions regarding this issue.