Florida passed a law allowing people with certain medical conditions to use medical marijuana. The law didn’t say exactly what these medical conditions are, but it includes things like cancer, epilepsy, and chronic pain. The law also removed the 90-day waiting period and didn’t limit how strong the marijuana can be. So, some types of medical marijuana may be very potent. There are still some unanswered questions, but the law is starting to make things clearer. The new law says that county and city rules can’t overrule the state law, unless it’s a rule about where medical marijuana dispensaries can be. Local rules can limit where the dispensaries can be, but they can’t be stricter than the rules for regular pharmacies. So, cities and counties can either allow or ban the dispensaries. The new law in Florida allows for medical marijuana use, but it doesn’t require employers to allow it in the workplace. Employers can still enforce drug-free policies and don’t have to accommodate employees using medical marijuana at work. The law is also silent on whether employers have to allow off-site use of medical marijuana. Other states have had different rulings on this issue, so it’s not clear what the law in Florida means for off-site use. In Oregon, the court said that employers don’t have to let employees use medical marijuana at work or outside of work. In Florida, if employers let their employees use medical marijuana, they might not get discounts on their workers’ compensation insurance. So, it might be easier for employers to just not let employees use medical marijuana. The federal Drug-Free Workplace Act allows employers to fire employees who use medical marijuana, even if it’s outside of work. In Florida, the state Drug-Free Workplace Act also allows employers to enforce their drug-free policies, even for employees using medical marijuana. The main issue is whether medical marijuana counts as a “prescription” under the act. Even though the law mentions a doctor’s certification for medical marijuana, it’s not clear if it’s included in the definition of “prescription.” But courts will likely follow the law’s intent, which does not limit employers from enforcing their drug-free policies. If an employee needs time off work for a serious health condition under the FMLA, the employer has to give them up to 12 weeks of unpaid leave. This includes if the employee is using medical marijuana as part of their treatment. It’s a gray area whether an employer can fire an employee for using medical marijuana while on FMLA leave. Also, it’s unclear how an employer should handle drug testing when the employee comes back to work after FMLA leave. In Florida, medical marijuana is legal under state law, but it is still considered illegal under federal law. This means that employers do not have to allow employees to use medical marijuana, whether at work or outside of work. There are still some unanswered questions about how this law will be applied, but Florida employers now have a better understanding of their rights. These are references to specific laws and statutes, and information about the lawyers who wrote this column. They are experts in labor and employment law. The section is submitted on behalf of the Labor and Employment Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/medical-marijuanas-effect-on-employment-law-the-smoke-is-clearing/
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