Medical Marijuana Employee Protection Act creates potential protection for Florida workers

By: WeedClub Team, Thursday, January 16, 2020 at 8:22 AM PT

Two Democratic lawmakers filed the Medical Marijuana Employee Protection Act ahead of Florida's 2020 legislative session that began Tuesday. The proposed legislation aims to protect employees and job applicants from punishment for using medical marijuana, unless their job includes safety-sensitve duties.

Currently, despite medical legalization, employees and job applicants can still be terminated for testing positive for marijuana on a drug test. 

This potential legislation addresses the lack of guidance for employers as they try to deal with the new medical marijuana system.

Under the measure, employers would be required to give written notice within five days of a positive test result to give employees and job applicants the ability to explain their resutls. The law also allows employers to terminate an employee following a positive test if the employee's performance and safety are affected by the drug.

Advocates for medical cannabis patients are working with legislators to try to install protections for those legally medicating with the plant-based drug.  One has to consider how it could be ok in the first place for employers to subjectively terminate patients simpy for following their doctors' orders.