HB 1411 Summary

• Creates Section 112.219 establishing the Medical Marijuana Public Employee Protection Act, prohibiting public employers from taking adverse personnel action against qualified medical marijuana patients unless the employer proves the marijuana use impairs job performance with specific articulable symptoms.

• Requires employers with drug testing policies to provide written notice within 5 business days when an employee tests positive for marijuana, allowing the employee 5 days to provide an explanation or request a confirmation test at their expense before adverse action can occur.

• Establishes a cause of action allowing employees to sue for civil relief including reinstatement, back pay, benefits restoration, attorney fees, and compensatory damages if adversely affected in violation of the law.

• Creates a Medical Marijuana Testing Advisory Council adjunct to the Department of Health composed of 12 members including academic, industry, and patient representatives to provide annual reports on marijuana testing policies and standards.

• Authorizes out-of-state medical marijuana identification cards and physician certifications to have the same legal effect as Florida cards, allows telehealth for medical marijuana treatment under Section 456.47, and provides fee waivers for service-disabled veterans' medical marijuana identification cards.