Workplace Medical Marijuana 2022: What Floridians can Expect

Workplace Medical Marijuana 2022: What Floridians can Expect

Medical Marijuana has been legal in Florida since 2016, but what is and isn’t acceptable in the workplace is still somewhat of a grey area. Progress has been made and precedents have been set in many cases, but employees with medical cards are still being fired for testing positive for Marijuana, and employers are still being hit with lawsuits for wrongful terminations. On the surface, making Medical Marijuana legal seems like a great leap forward, but there are still no explicit workplace protections for medical users in Florida.

So, what can Floridians expect when it comes to Medical Marijuana in the workplace? How can workers with a medical card ensure they’re allowed to treat their diagnoses while keeping their job? How can employers ensure they’re protecting their business while still respecting their employees’ rights?

Medical Marijuana Workplace For Employers:

Education about Medical Marijuana is the key to maintain an ideal workplace and ensure avoiding potential lawsuits. Learning about the signs of impairment, being familiar with current medical marijuana workplace laws, and maintaining open communication with your employees can help prevent unwanted lawsuits. Reasonable Suspicion training can be used to inform all employers and staff about marijuana and its potential hazards.

In Florida, it is legal to drug test new employees upon hiring them and to test current employees based on Reasonable Suspicion. Employees and potential employees may still have legal claims based on how the tests are conducted, who was required to test, and how the results are used. Stay up to date on Florida’s statutes and learn your rights as an employer. The 2021 drug testing statutes can be found here.

Medical Marijuana Workplace For Employees:

Preventing an issue is the best way to approach this from an employee standpoint. First and foremost, educate yourself about where you would like to work. Marijuana is still illegal federally even with a medical marijuana license. Federal jobs can still terminate employees for marijuana use regardless of your medical marijuana license. If you consider working for a federal job, look at each specific employer’s policies surrounding marijuana.

Even if you aren’t a marijuana user, failure to report others using marijuana or medical marijuana in the workplace could still be grounds for termination in the federal sector. If you consider work outside of a federal job, the policies might be more relaxed. Asking questions like “What is the culture and policies surrounding medical marijuana cards?” Always read the drug free workplace section of the employee handbook of the workplace you are considering.
If you are terminated for Marijuana-use even though you have a medical card, you
may still have a good legal case against the termination.

How ProHealth Can Help:

Our clinics offer specialized options in a wide range of occupational health services including pre-employment testing and drug screening, non-DOT drug tests, and DOT drug testing. Our experienced staff will help employers with maintaining a drug-free workplace while protecting themselves. We work closely with our clients to explore the most convenient and efficient options that suit their needs as employers or members of the workforce.

To learn more about taking advantage of every tool that may be available for employees and employers, visit ProHealth or give us a call today!

Medical Marijuana Workplace Sources:


https://www.prohealthfl.com/legalized-marijuana-and-maintaining-a-drug-free-workplace/

https://www.miaminewtimes.com/news/law-abiding-medical-marijuana-users-can-still-be-fired-in-florida-12095844
https://www.physicianpartnersofamerica.com/health-news/medical-toxicology/floridas-rules-regulations-drug-testing/
https://health.wusf.usf.edu/health-news-florida/2021-04-29/medical-marijuana-legislation-stalls-as-public-employees-are-fired-for-legal-use