Ohio Voters Legalize Marijuana and Support Abortion Access

​On Nov. 7, voters in Ohio approved two ballot measures, one to legalize recreational marijuana and one to affirm individuals' legal rights to make reproductive decisions, including abortion, contraception and fertility treatment. Both provisions will take effect on Dec. 7.

Jennifer Mora, an attorney with Seyfarth in San Francisco, said she expects the cannabis legalization trend to continue in more states, and she expects to see more employers across the country stop their pre-employment drug testing practices.

Meanwhile, voters in Texas approved a ballot measure to authorize the state legislature to make cost-of-living adjustments or other benefit enhancements to eligible annuitants of the state teacher retirement system.

We've gathered a group of articles on the news from SHRM Online and other trusted sources.

Trend in the States

Ohio is the 24th state to legalize recreational marijuana. The new law will allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10 percent tax will be imposed on cannabis purchases, to be spent on administrative costs, addiction treatment, municipalities with dispensaries, and social equity and jobs programs supporting the cannabis industry.

Efforts are underway to place recreational marijuana ballot measures before voters in 2024 in Florida, Nebraska, South Dakota and other states. A measure to legalize recreational marijuana in Oklahoma failed this year.

(Associated Press and NBC News)

Cannabis Not Permitted at the Workplace

Ohio's new law does not require employers to permit or accommodate an employee's use, possession or distribution of marijuana at the workplace. Employers can fire, discipline or refuse to hire an individual because of their use, possession or distribution of marijuana. There is no cause of action under the new statute for employees or job applicants based on any such action by an employer. This is true even if an employee's marijuana use is lawful and off-duty. Ohio employers can continue enforcing drug testing policies, drug-free workplace policies and zero-tolerance drug policies.

Employers are trying to bolster workplace safety as the use of marijuana rises and more states legalize the recreational use of cannabis. Training to help managers recognize the signs of cannabis use and policies barring the use of cannabis during work hours can help prevent accidents.

(Jackson Lewis and SHRM Online)

Protecting Abortion Rights

Ohio became the seventh state where voters decided to protect abortion access after a U.S. Supreme Court ruling last year permitted states to ban abortion. Before the Ohio vote, statewide initiatives in California, Kansas, Kentucky, Michigan, Montana and Vermont had either affirmed abortion access or rejected attempts to undermine the right to abortion.

The Ohio measure permits the state to restrict abortion after fetal viability, as long as exceptions are provided when a doctor determines the life or health of the woman is at risk. Viability is the point when a fetus has a significant likelihood of survival outside of the womb.

Previously, abortion was illegal in Ohio after 22 weeks of gestation. Patients seeking an abortion were required go to in-person counseling at least 24 hours before the procedure, according to the Guttmacher Institute, a New York City-based research and policy organization focused on reproductive health.

Twenty-one states currently ban abortion after 18 weeks of gestation, with some restricting it earlier than that, according to the Guttmacher Institute. States vary in the exceptions permitted. Abortion access or restriction affects HR's ability to offer and manage health benefits, paid and unpaid leave, recruiting and retention.

(Associated Press and SHRM Online)