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Cleveland Mayor Justin Bibb announces changes to pre-employment testing as recreational marijuana becomes legal in Ohio

Issue 2 passed during the November election with 57% of Ohio voters in favor of legalizing recreational marijuana.

CLEVELAND — Marijuana is now officially legal in Ohio, which comes one month after voters passed Issue 2 during the November general election.

Now, Cleveland Mayor Justin Bibb has announced the city has modernized its drug and alcohol testing policy “to eliminate antiquated language around pre-employment marijuana testing that has previously hindered hiring efforts.”

In a press release issued Thursday, Mayor Bibb’s office says the city's pre-employment testing will now be limited to selected positions that are identified as safety/security-sensitive, as well as positions that fall under the federal government’s Department of Transportation.

“The criminalization of marijuana in our state and the punitive effects it has had on education, housing, and employment opportunities have lasted far too long, but will eventually be a thing of the past -- thanks to Ohioans who made their voices heard loud and clear last month when they voted to approve Issue 2,” said Mayor Bibb. “We are proud to continue leading the way by rolling out these updates, which builds on our prior marijuana reform efforts and other initiatives aimed at improving our HR policies.”

Issue 2 was approved by voters with 57% of the statewide vote.

Updating pre-employment testing

Here’s how Mayor Bibb’s office says the process will work:

The City will only conduct pre-employment testing for DOT positions and selected positions that are identified as safety/security-sensitive by the City, or when required by federal or state laws or collective bargaining agreements. The selected positions include those within the Department of Public Safety (e.g. Police, Fire, & EMS), the Department of Port Control, as well as any others that require a CDL or operating heavy equipment, machines, and/or mechanical tools.

“We are constantly evaluating our policies to ensure they align with the needs and desires of both our current and prospective employees. Pre-employment screening can often times create obstacles in filling open positions by preventing otherwise qualified candidates from even applying,” stated Director of Human Resources Matt Cole. “These policy updates are more cost-effective and will ultimately help us widen the applicant pool for several City positions.”

Similar policies have been implemented across the country -- in Baltimore, Washington, Nevada, and Montana -- as studies have shown that workplace performance is not related to after-work marijuana use.

Anyone who is interested in working for the City of Cleveland can view a list of current job openings and apply by going to the City’s Careers Page.

Maintaining a drug-free workplace

It is important to note, however, that the policy and procedures for testing current employees is largely unchanged.

“The City will maintain its strict compliance with the Drug-Free Workplace Act and other federal regulations,” Mayor Bibb’s office says. “Employees are prohibited from purchasing, selling, possessing, using, distributing, and selling illegal drugs and alcohol at any worksite. Employees are also required to be fit for work and cannot work while impaired -- meaning free from the effects of alcohol and drugs, which includes marijuana, while on duty.”

Those found in violation will be subject to discipline, which ranges from being offered treatment through the city’s Employee Assistance Program to termination.

“Maintaining a drug-free workplace is needed for obvious reasons, but it’s also important for us to be cognizant of the fact that the State is still finalizing regulation, taxation, and licensing terms and processes,” added Law Director Mark Griffin. “We will be keeping a keen eye on how things get sorted out in the legislature and court system, and will adapt procedures and update policy as necessary as the situation evolves in Columbus.”

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