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.
This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.
Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.