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January 31 2017

What does Florida's new medical marijuana law mean for employers

In the November 2016 elections, four states approved their medical marijuana amendments, bringing the total to 28 states and the District of Columbia that allow comprehensive public medical marijuana programs.
 
Florida employers have been left to wonder what to expect. Amendment 2 for the state now defines the term "debilitating medical condition" as part of the 2014 law that legalized a low-THC strain of marijuana for terminally ill patients and those with chronic ailments. Most importantly, the law does not require any accommodation of on-site medical use of marijuana. This, however, is a big concern for employers who want to know how this will affect the duty to provide a reasonable accommodation under the Americans with Disabilities Act (ADA).
 
Florida employers should take time to learn what the law says about termination for medical marijuana use, requirements to accommodate off-duty use, and drug testing and zero tolerance policies.