Medical Marijuana in the Workplace Conundrum - August 2021

By Michael Collier, MD, MRO, Owner, Coastal MRO Inc.
Wed, Aug 11, 2021

Some employees may wonder how testing positive for THC may affect their employment. Having a card does not have any effect on the outcome of a positive THC drug screen result under the Florida or Federal Drug-Free Workplace.

Specifically, Senate Bill 8A, Medical Use of Marijuana states:
■ This section 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.

In other words, while employees have the legal use of marijuana, employers may prohibit its use as a condition of employment. Termination or denial of employment based on a positive drug screen for marijuana is still legal under Florida law and is not considered discrimination as it is still illegal under the Federal FDA drug schedule. Read More.

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