Please see my update, over on Fox’s In the Weeds, on the Florida Legislature’s success in passing a medical marijuana bill during the recent special session. Now we wait on Governor Rick Scott to sign the bill, which he is expected to do.
Once Gov. Scott signs the bill into law, Florida Statute s. 381.986 (Compassionate use of low-THC and medical cannabis law) will be amended to state the following:
This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. Marijuana, as defined in this section, is not reimbursable under chapter 440.
What that means is that employers will have some protections to maintain drug free workplaces and to discipline or terminate employees under the influence of medical marijuana. But with all new laws, litigation establishing rights of employers and employees is likely.
Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP. Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims. You can contact Dori at 561-804-4417 or firstname.lastname@example.org.