Marijuana Considerations & Laws In Florida
Medical Marijuana Law:
Recreational Marijuana Law:
No Broad Laws Legalizing Marijuana*:
*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.
Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.
What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.
Read more employment specific information on:
- Employers are not required to accommodate the use of medical marijuana in the workplace or allow an employee to work under the influence of marijuana.
- A case decision determined that employers are not required to pay for or facilitate an employee’s obtainment of medical marijuana.
- Florida has a voluntary drug testing law that, although not required, if an employer elects to comply, they will qualify for a workers’ compensation premium discount. It does require testing for marijuana.
- Florida has unemployment and workers’ compensation voluntary laws that, although not required, with compliance, an employer has greater latitude to deny claims.
- Drug testing is required by the state for certain public contractors.
- See Significant above.
- Consumption prohibited in public places unless employer authorizes use.
- Smoking is permitted (as of March 2019).
- No consumption in transportation vehicles (car, boat, train, etc.).
- Edibles are legal, but must have been commercially produced.
Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)
- If an employee tests positive causing a discharge, he or she will not be eligible for unemployment compensation when the employer is adhering to the Florida drug-free workplace program and the Florida unemployment laws.
- If an employee tests positive causing a discharge, it will be presumed intoxication was the cause of the injury (rebutted only by clear and convincing evidence) and he or she will not be eligible for workers’ compensation for his or her injury when the employer is adhering to the Florida drug-free workplace program and the Florida workers’ compensation laws.
- Apply the Checklist of Impacting Issues for Employee Use of Marijuana provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.
Sources (e.g. Bill Number, Authority)
- Florida Constitution Art. X Sec. 29 – Medical marijuana law
- Stat. Ann. § 381.986 – Medical marijuana related
- WC Code 440.102 – Drug testing related
- Admin. Code 59A-24 et al. – Drug testing related
- Stat. Ann. 443.101 – Unemployment related
- Stat. Ann. 440.09 – Workers’ compensation related