HR Alert

Florida: New Medical Marijuana Law Affects Employment

Law Currently in Effect

A new medical marijuana law in Florida contains provisions affecting employment. Highlights of the law are presented below.

New Law
Under the new law, the "medical use" of marijuana does not include (among other things) the use or administration of marijuana in any public place (except for low-THC cannabis) or in a qualified patient's place of employment (except when permitted by his or her employer).

Additionally, the law does not:

  • Limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy;
  • Require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana; or
  • Create a cause of action against an employer for wrongful discharge or discrimination.

Background
A prior amendment to the state constitution allows certain medical marijuana use. However, the amendment does not (among other things) require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place. Click here to read the text of the prior amendment.

Additional details are contained in the text of the new law. The new law is currently in effect.


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