Ohio Admin. Code 3339-3-18

Current through all regulations passed and filed through October 28, 2024

Section 3339-3-18 - Drug-free workplace

(A) Purpose

Miami university is dedicated to providing a safe, healthy and efficient work place for its employees and for the entire university community.

(B) Policy

(1) The illegal use of drugs or alcohol in the work place or on university property or as part of any university activity is strictly prohibited.

(2) Employees may not be under the influence of drugs or alcohol in the work place.

(3) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance on university property or as part of any university activity is strictly prohibited.

(4) Students and employees must notify Miami university of any criminal drug statute conviction for a violation occurring on university property no later than five days after such conviction.

(5) Any student who violates any portion of this policy will be subject to disciplinary action, including suspension or dismissal, under the "code of student conduct." Any employee who violates any portion of this policy will be subject to disciplinary action up to and including discharge under the appropriate disciplinary procedures.

(6) The university reserves the right to include completion of an appropriate rehabilitation program as a disciplinary sanction.

(7) For a description of the applicable legal sanctions under local, state or federal law for the unlawful possession, use, or distribution of illicit drugs and alcohol, the health risks associated with the use of illicit drugs and the abuse of alcohol or a description of drug and alcohol counseling, treatment, rehabilitation, or re-entry programs that are available to employees or students, please consult Miami's annual publication, "your right to know."

(C) Medical and/or recreational marijuana

As a recipient of federal funding, such as student financial aid and federal grants and contracts for research, Miami university is required to follow federal law including the Safe and Drug Free Schools and Communities Act and the Drug Free Workplace Act. In order to comply with these laws, Miami university prohibits the manufacture, dispensation, possession, use, or distribution of marijuana in any form on any university-owned property, in the conduct of university business or as part of any university activity. On September 8, 2016, Ohio law permitted certain activities related to the possession and use of medical marijuana. On December 7, 2023, Ohio law permitted certain activities related to the possession and use of recreational marijuana. However, using and possessing marijuana continues to be prohibited by and a violation of university policy and remains a crime under federal law.

This prohibition applies even when the possession and use would be legal under the laws of the state of Ohio. As a result, no person is permitted to use marijuana on campus, in the conduct of university business or as part of any university activity, including those with medical marijuana prescription/cards. Sanctions for students and employees who are found to be in possession of or using marijuana include suspension, dismissal and/or termination of employment.

This prohibition does not extend to research related to marijuana that is approved by:

(1) The agency for health care research and quality;

(2) The national institutes of health;

(3) The national academy of sciences;

(4) The centers for medicare and medicaid services;

(5) The United States department of defense;

(6) The centers for disease control and prevention;

(7) The United States department of veterans' affairs;

(8) The drug enforcement administration;

(9) The food and drug administration;

(10) Any board recognized by the national institutes of health for the purpose of evaluating the medical value of health care services.

The university will accommodate students who are legally authorized Ohio medical marijuana users. These students may submit a letter asking to be released from their university housing and dining obligations to the dean of students at deanofstudents@miamioh.edu.

Ohio Admin. Code 3339-3-18

Effective: 12/28/2023
Promulgated Under: 111.15
Statutory Authority: 3339.1
Rule Amplifies: 3339.1
Prior Effective Dates: 09/30/1999, 09/30/2001, 11/03/2016, 11/03/2023