FL H1247

Public employers (state, regional, county, local, and municipal government entities, public schools, community colleges, and state universities) are prohibited from taking adverse personnel action—including refusal to hire, discharge, suspension, demotion, or discrimination—against employees or job applicants who are qualified medical marijuana patients under s. 381.986, unless the employer can show by a preponderance of evidence that marijuana use impairs job performance.

Employers with drug testing policies must provide written notice within 5 business days of a positive marijuana test result, giving the employee or applicant the right to explain or contest the result, submit a physician certification or medical marijuana registry ID card, or request a confirmation test at their own expense.

Employers must attempt to make reasonable accommodations for employees who hold a valid medical marijuana use registry identification card, unless the accommodation would pose a threat of harm, impose an undue hardship, or prevent the employee from fulfilling job responsibilities.

Employees or job applicants subjected to adverse personnel action in violation of the act may file a civil lawsuit within 180 days and seek remedies including injunctive relief, reinstatement, back pay, restoration of benefits and seniority, reasonable attorney fees, and other compensatory damages.

Law enforcement agencies are explicitly exempted and may adopt policies precluding employees from using medical marijuana; the act also does not require employers to violate federal law or risk loss of federal contracts or funding.