– The medical marijuana amendment to the Florida Constitution passed in November 2016, expanding the use of medical marijuana in the state.
– Fla. Stat. § 381.986 was passed in response to the amendment, allowing for the use of medical marijuana for a list of 13 medical conditions.
– The expansion of Florida’s medical marijuana law has raised concerns for employers with anti-drug policies and adherence to the Americans with Disabilities Act. 1. Florida law allows employers to create, continue, and enforce drug-free policies at the workplace, including prohibiting employee use of medical marijuana.
2. Employers are not required to accommodate an employee’s medical marijuana use and can still drug test for marijuana under Florida law.
3. Employers may receive discounts on worker’s compensation premiums for maintaining a drug-free environment, but allowing medical marijuana at the workplace could increase premiums.
4. The Florida legislature recognizes the use of medical marijuana for certain disabilities, but also acknowledges the employer’s right to prevent impaired employees.
5. The passage of the medical marijuana statute was not intended to limit an employer’s ability to prevent marijuana use at the workplace. 1. Under federal law, employers can maintain a marijuana-free environment despite the Americans with Disabilities Act.
2. Employees who use medical marijuana cannot bring a discrimination claim under the ADA.
3. The definition of “qualified individual” under the ADA does not include those currently using illegal drugs.
4. Marijuana is still considered illegal under the Controlled Substances Act, making it ineligible for ADA protection.
5. Federal courts have allowed discrimination claims to continue under state law for marijuana use. – The Florida statute does not create a cause of action for marijuana discrimination, so Florida employers are not likely to be affected by cases like Noffsinger v. SSC Niantic Operating Co.
– The Supreme Court of Oregon ruled in Emerald Steel v. Bureau of Labor that an employer did not have to accommodate an employee’s marijuana use, even if the employee had a medical recommendation, because the state statute did not create a cause of action.
– Due to marijuana’s classification as a Schedule-I narcotic under the Controlled Substances Act, employees are not likely to find recourse under federal law for medical marijuana use. 1. Florida businesses are entitled to maintain a drug-free workplace under current statutes.
2. The legislation encourages employers to create a marijuana-free workplace.
3. Marijuana is classified as a Schedule-I narcotic, so employers do not need to worry about federal repercussions.
4. Florida employers still have the right to maintain a marijuana-free workplace.
https://www.jimersonfirm.com/blog/2018/07/florida-employer-medical-marijuana-laws/
Leave a Reply