What ORC 3796.28 lets an employer do
Ohio gives medical marijuana patients no employment protection. Section 3796.28 of the Ohio Revised Code, in effect in its current form since March 20, 2026, applies to all marijuana, medical included. Under it, an employer:
- does not have to accommodate an employee's marijuana use, possession or distribution;
- may refuse to hire someone because of marijuana use;
- may fire or discipline an employee for use, possession or distribution;
- may keep and enforce drug-testing, drug-free workplace and zero-tolerance policies.
Employees cannot sue over those actions. And if you are fired for use that breaks a workplace policy, the firing counts as just cause for unemployment purposes, which affects whether you can collect benefits.
What that means in practice
A registration card is not a defense to a positive test. It does not matter that a CTR physician recommended the treatment or that you used at home, off the clock. If your employer's policy bans marijuana use, the law lets them act on it.
Some employers choose not to test, or treat a positive result differently for registered patients. That is their choice, not a right you hold. Get the actual policy in writing before you assume anything.
A checklist before you register
- Find the written policy. Look in the handbook, onboarding packet or HR portal for drug testing and "drug-free workplace" language.
- Check whether it names marijuana or just "illegal drugs." Do not guess how HR will read it; ask in writing if you need to.
- Know when testing happens. Pre-employment, random, post-accident, reasonable suspicion: each carries different risks.
- Talk to your physician. If your job rules out cannabis, the physician can discuss other options for your condition. That is a medical decision, and a fair one to raise at your visit.
- Never use or carry at work. Workplaces are on the list of places where smoking or vaping marijuana is banned outright.
Need the recommendation part done?
In Ohio the physician starts your Registry file, so the visit comes first. Online evaluations are available for Ohio residents, and code DRWDY85872 takes 5% off. Registration itself is free.
Start my Ohio evaluation →Job hunting with a card
The law lets an employer refuse to hire for marijuana use, so a pre-employment test can end an offer. If you are applying for jobs, find out early whether the employer tests and when. Job postings and offer letters sometimes mention it; if not, ask HR what the screening involves.
A card will not change the outcome of a failed test. Plan around the employer's policy, not around the card.
Protections you do have, and where they stop
Ohio law does protect patients in a few areas outside work. Under ORC 3796.24, lawful medical use cannot be the sole or primary basis for a custody decision, for denying medical care or a transplant-list spot, or for asset forfeiture, and patient status alone cannot be the reason a landlord rejects you. None of those carry over to employment. The full list is on our Ohio patient rules page.
Driving for work
If your job involves driving, the DCC FAQ is blunt: you cannot drive after using cannabis. Patient status alone is not grounds for a field sobriety test, but an officer with independent reasonable suspicion of impairment can act on it. A card offers no cover for impaired driving on or off the clock.
Card or adult-use: same answer at work
Some people ask whether buying adult-use instead of registering changes anything. At work, it does not: ORC 3796.28 covers marijuana use generally. The real differences between the two systems are in tax, limits and age, laid out on our medical vs. adult-use comparison. SB 56 did not add any job protection; our SB 56 summary covers what it did change.
If you are worried about your job right now
Read your employer's policy first, then decide. An employment lawyer can review a specific situation; this page cannot. More short answers are in our Ohio card FAQ.
Questions people ask
Does my medical card protect me from a positive drug test at work?
No. ORC 3796.28 lets employers enforce drug-testing, drug-free workplace and zero-tolerance policies, and refuse to hire, fire or discipline someone for marijuana use, medical included.
Can I sue my employer for firing me over medical marijuana?
ORC 3796.28 says employees cannot bring a lawsuit over these employment actions.
Can I collect unemployment if I'm fired for using?
If you were fired for use that violated a workplace policy, Ohio law treats it as a firing for just cause for unemployment purposes.
Next on your checklist
Sources
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This page summarizes Ohio rules in plain language and is not medical or legal advice; the Division of Cannabis Control, the State Medical Board of Ohio and your recommending physician have the final word.