Can You Get Fired for Having a Medical Card in Florida

Tin can You lot Exist Fired for Medical Marijuana in the State of Florida?

Medical marijuana is legal in the State of Florida for people with certain medical conditions. But can you be fired for medical marijuana?

About The Florida Medical Marijuana Bill

The Florida medical marijuana beak signed by Governor Scott in 2022 allows residents of the state with "debilitating medical conditions" to use medical marijuana. Information technology is available in Florida. However, it remains illegal nether federal police. "Debilitating medical conditions" as defined by the state include:

• Cancer, Epilepsy, and Glaucoma
• HIV+ or Acquired Immune Deficiency Syndrome (AIDS)
• Post-traumatic Stress Disorder (PTSD)
• Amyotrophic Lateral Sclerosis (ALS) and Crohn's Disease
• Parkinson's disease, Multiple Sclerosis, or other debilitating medical conditions of the same kind or class

The Florida medical marijuana nib contains specific language regarding the workplace.

WHAT DOES THIS MEAN FOR EMPLOYEES?

If you are employed and authorize under the details of the nib for the employ of medical marijuana, this does not mean that you lot have chore protection even if your marijuana apply falls under the conditions set forth under Florida constabulary.

A company withal has the right to have a drug-free workplace policy, as well as the power to enforce it. An important detail that the bill also explains is that the definition of "medical use" excludes the administration or use of marijuana in a patient's workplace — except when in that location have been accommodations past his or her employer to permit it.

Although, the bill specifically states: "This section does non require an employer to conform the medical employ of marijuana in whatever workplace or whatsoever employee working while under the influence of marijuana," meaning that with Florida employee drug testing laws, if they have a policy in identify for random drug testing or testing spurred by a safety violation, you tin exist fired for not adhering to your visitor's policy — whether at the workplace or abroad from it. In short, Florida employers can prohibit employees from smoking or consuming marijuana or being under the influence of marijuana in the workplace. If you exam positive, the employer can terminate your employment.

PRIVATE VS. PUBLIC EMPLOYERS

Can y'all be fired for medical marijuana if you lot are a public employee at the city, county, or state level? That depends. Public employees may accept certain legal options open up to them that private employees practise not.

The Florida medical marijuana neb does have some differentiation for private and public (government) employers. Bailiwick against employees in the public sector is more than "murky" in a legal sense. The state constitution gives public employees more rights than individual workers. Depending on the circumstance, in that location may be a case for an employment lawsuit nether the Family unit and Medical Leave Act (FMLA) or other laws that deal with discrimination in the workplace.

While the Florida statute does not grant employees the correct to sue employers for wrongful discharge or bigotry based on medical marijuana use, there has been at to the lowest degree i case (not in Florida) where the court allowed a prospective employee who tested positive for marijuana in a pre-employment drug test to proceed on her claim of disability discrimination. This single example is a abrupt departure from other like cases where the courts take uniformly ended that the Americans with Disabilities Act does not protect someone currently using an illegal drug. These issues are being faced in numerous jurisdictions where the state law permits the use of medical marijuana and highlights the tension betwixt country and federal police force- marijuana remains illegal for all purposes nether federal law.

Nonetheless, if the fact of medical marijuana utilize uncovers the underlying status (which may qualify as a disability under the ADA or serious health condition nether the FMLA), the employer nonetheless has a duty to appoint in an interactive procedure to discuss accommodations (if advisable) and further to evaluate whether FMLA leave is available and appropriate.

What this ways to employees is that if an understanding is made with your employer for accommodations under the ADA or FMLA, if you follow the parameters of the agreement, you should have sure job protections.

Beingness proactive about understanding your employee rights – and knowing what to exercise if they get violated – tin make a big deviation in your career and the financial future of you and your family.

EMPLOYEE BEST PRACTICES

If you qualify for the country use of medical marijuana, information technology is important to be clear on your employer's policies. Since the Florida medical marijuana bill allows them to fire you lot for violating prepare policies, you will not have legal recourse in many cases.

If accommodations have been put in place for you, and a problem arises afterward, at that place is potential for an employment lawsuit, which tin include negative task deportment such every bit:

• demotions,
• denial of benefits,
• reductions in pay,
• getting terminated, and
• other actions that may qualify for a case

Professional employment law attorneys deal with issues surrounding workplace discrimination every day. They sympathize the intricacies of the law around medical marijuana and many other problems that can come up in the workplace, including wrongful termination, which allows employment police attorneys to develop targeted strategies and build strong cases related to the Florida medical marijuana neb.

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Source: https://www.wenzelfenton.com/blog/2018/03/19/florida-medical-marijuana-bill/

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