FL H0083

Public employers in Florida are prohibited from taking adverse personnel action—including refusal to hire, discharge, suspension, demotion, or discrimination in compensation—against employees or job applicants who are qualified medical marijuana patients under s. 381.986.

Public employers may still take adverse action if they establish by a preponderance of the evidence that medical marijuana use is impairing an employee's ability to perform job duties, based on specific, articulable symptoms observed while working.

Employers with drug testing policies must provide written notice within 5 business days of a positive marijuana test result, giving the employee or applicant 5 business days to explain, contest, or request a confirmation test; a physician certification or medical marijuana registry ID card may be submitted as explanation.

Aggrieved employees or applicants may file a civil action within 180 days of the alleged violation and may receive injunctive relief, reinstatement, lost wages and benefits, reasonable attorney fees, and other compensatory damages.

Law enforcement agencies are explicitly permitted to adopt policies precluding employee medical marijuana use, and no employer is required to take any action that would violate federal law or result in the loss of federal contracts or funding.