Florida Medical Marijuana – What employers need to know.

“Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.” Florida Statute § 381.986 

The vote for the use of medical cannabis in Florida.

In 2016 Florida citizens voted for a constitutional amendment permitting individuals to use cannabis for medicinal purposes. The bill passed with tremendous support garnering 72% of the votes, in the state known for its narrow margins and hotly contested elections.

While Medical Marijuana may have passed in Florida, Federal Law, as well as Florida law, does not prevent Florida employers from punishing employees for failing a drug test. Despite its landslide victory, the herbal medicine still faces controversy and must overcome ambiguity before it can be used freely by the constituents who voted for it. 

Florida Statute §381.986, in great detail, covers the use and restrictions of Medical Marijuana in Florida. This statute reads, in part: 

(1) (j) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include use or administration of marijuana in the following locations: 

a. On any form of public transportation, except for low-THC cannabis. 

b. In any public place, except for low-THC cannabis. 

c. In a qualified patient’s place of employment, except when permitted by his or her employer. d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241. 

e. On the grounds of a preschool, primary school, or secondary school, except as provided in s.1006.062. 

f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis. 

(15) APPLICABILITY.—This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. 

Florida employers are not required to accommodate.

The excerpt above sparked major controversy and was unbeknown to most voters until after the law went into effect. Although the usage of Medical Marijuana is legal for those people who qualify, the law is clear that an employer is not required to accommodate an employee’s medical use of marijuana. This differs from other laws such as the Americans with Disabilities Act or the Family Medical Leave Act, where the federal government has mandated that employers follow certain protocols when dealing with these classes of people. 

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