If your Florida-based employees are smoking marijuana in the office, normally that constitutes grounds for termination. But, does Florida’s new marijuana statute change this analysis to allow employees to use medical marijuana in a workplace that has a strict drug-free policy? Florida’s medical marijuana statute carves out specific protections for employers. Specifically, it does “not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. Marijuana, as defined in this section, is not reimbursable under chapter 440. Employers are not required to make accommodations for medical marijuana users.”
In Florida, while it is still a good idea to clearly define your company’s guidelines regarding medical marijuana usage in the workplace, the new medical marijuana statute does not provide a cause of action against an employer for wrongful discharge or discrimination. Check out the new law, here.