Florida has legalized marijuana for medical, but not recreational, purposes. As an employee, this puts you at a unique risk if you are prescribed cannabis for an approved medical condition and your employer conducts routine or random drug testing under Florida’s Drug-Free Workplace Act. If you are using marijuana for a medical condition with a doctor’s approval, Florida drug testing laws may offer you some protection, but under federal law, employers are free to terminate employees who use legally-prescribed medical marijuana, unless such use is allowed as a reasonable accommodation for a known disability.
While Florida has just adopted the Compassionate Medical Cannabis Act of 2014, and recently adopted Amendment 2 on November 8, 2016, the legal standards governing the use of legally-prescribed cannabis have not been fully developed. The use of medical marijuana by employees is complicated and requires an attorney with knowledge of medical issues, disability law, Florida’s cannabis laws and employee drug testing laws. Christopher Sharp has spoken on drug testing issues at Florida Bar seminars since 2008 and can help you understand your rights and protections whether you are an employee or employer. We are available for advice and consultation if you are an employee who uses medical marijuana, if you have failed a drug test because of your prescription or if you are an employer who wants to know more about these evolving issues.