Trumbull commissioners: Medical marijuana use still not allowed by employees

By Ed Runyan

runyan@vindy.com

Trumbull County commissioners went on record Wednesday acknowledging that Ohio’s medical marijuana law takes effect today but clarified that county employees may not use the drug in any form.

The county’s policy on the drug has not changed, and commissioners voted 3-0 to continue to outlaw marijuana use among employees.

“The use of marijuana in any form, with or without a prescription, will be treated the same as the use of all other Schedule I controlled substances or illegal drugs,” the new section of county policy states.

Commissioner Mauro Cantalamessa said the county’s medical-marijuana policy is likely to remain in effect until the state legislature clarifies how it can be regulated in the workplace.

State rules for producing, prescribing and distributing cannabis to patients are expected to take up to a year wto craft.

To allow its use now could cause the county increased problems with liability, Cantalamessa said, despite the positive effects medical marijuana is said to produce.

“I believe our first and primary function is fiscal responsibility and prudence when it comes to taxpayer dollars,” Cantalamessa said of the three county commissioners.

“This is a difficult decision. I, like 85 percent of Ohioans, believe in legalized medical marijuana. Its effectiveness in treating such horrible diseases and ailments as cancer, epilepsy and Alzheimer’s disease have been well documented in other states,” he said.

But the county’s insurance consortium, the County Risk Sharing Authority, or CORSA, has recommended that counties not allow its use, Cantalamessa said. CORSA was created by the County Commissioners Association of Ohio.

“If we were to change these policies now, we could potentially open ourselves to overwhelming liability that this county just cannot incur at this time,” Cantalamessa said.

The decision is also supported by the county’s alcohol-and-drug consultant, Murphy Lewis of Warren, Cantalamessa said.

An. Aug. 16 CORSA memo on the CORSA website says it may take up to two years for the law to become “fully operational,” and marijuana is still illegal under federal law and “will remain illegal under federal law for the foreseeable future.”

Ohio employers are not required to permit or accommodate employees’ use, possession or distribution of medical marijuana, the memo says.

Ohio’s new law permits employers to “maintain a zero-tolerance policy,” the memo says. “Likewise, employers are not required to accommodate medical marijuana use under the Americans With Disabilities Act,” the memo says.

“Simply stated, an employee’s authorized use of medical marijuana provides no additional rights or protections relative to employment,” it says.