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FL S0136
Bill
Status
10/8/2025
Primary Sponsor
Tina Polsky
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AI Summary
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Creates the "Medical Marijuana Public Employee Protection Act" prohibiting public employers from taking adverse personnel action (refusal to hire, discharge, suspension, demotion, or discrimination) against employees or job applicants who are qualified medical marijuana patients
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Allows employers to take action only if they can prove by preponderance of evidence that medical marijuana use impairs the employee's ability to perform job duties, demonstrated through specific, articulable symptoms while working
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Requires public employers to provide written notice within 5 business days of a positive marijuana test, giving employees/applicants 5 business days to explain, contest, or request a confirmation test
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Establishes a civil cause of action allowing affected employees to sue within 180 days for remedies including reinstatement, back pay, fringe benefits, seniority rights, attorney fees, and compensatory damages
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Exempts law enforcement agencies, which may still adopt policies prohibiting employee medical marijuana use, and does not require employers to violate federal law or risk losing federal contracts or funding
Legislative Description
Protections for Public Employees who use Medical Marijuana as Qualified Patients
Last Action
Introduced
1/13/2026