Florida Considers Job Protections for Public Employees Who Use Medical Marijuana

New Florida Bill Could Protect Public Workers Who Use Medical Marijuana

Florida may soon offer stronger employment protections for public sector workers who are certified medical marijuana patients. Senate Bill 142 (SB 142), introduced by Senator Tina Scott Polsky, proposes clear guidelines to prevent discrimination against qualified individuals who legally use medical marijuana.

Currently, Florida law does not provide specific employment protections for public employees who use medical cannabis. However, SB 142 seeks to change that by prohibiting public employers from taking adverse actions—such as termination, demotion, or refusal to hire—based solely on a person’s legal use of medical marijuana.

Key Provisions in SB 142:

• Fair Process for Drug Testing:
  If a public employee or job applicant tests positive for marijuana, the employer must notify them in writing within five business days. The individual will then have an opportunity to provide a valid medical marijuana certification or contest the result.

• Confirmation Testing Required:
  Before taking any adverse action, employers must verify the test results through a confirmation test, ensuring accuracy and fairness.

• Impairment Still Matters:
  Employers retain the right to act if marijuana use impacts job performance or poses safety risks. However, any action must be based on documented evidence of impairment on the job.

• Legal Recourse for Employees:
  SB 142 provides a cause of action for employees wrongfully penalized due to legal medical marijuana use. Remedies could include reinstatement, back pay, and legal fees.

• Federal Compliance Maintained:
  The bill acknowledges the federal status of cannabis and allows employers to take steps to avoid jeopardizing federal contracts or funding.

Senator Polsky emphasizes that this legislation is not about workplace intoxication, but about fairness and protecting the rights of patients acting within state law. “This bill balances patient rights with public safety and workplace integrity,” she stated.

How Florida Compares Nationally:

Other states like New York, California, and Connecticut have already enacted laws that protect employees from discrimination for legal marijuana use outside of work hours. In contrast, states such as Colorado still allow employers to terminate employees regardless of medical status.

Florida’s SB 142 is currently under review by the Senate Health Policy, Governmental Oversight and Accountability, and Rules committees. With potential federal reclassification of cannabis from a Schedule I to a Schedule III drug on the horizon, this bill could be the first step in aligning Florida’s employment laws with evolving national standards.

Stay tuned as we follow this bill's progress and what it might mean for medical cannabis patients in Florida’s workforce.