Florida Legislator Introduces Medical Marijuana Public Employee Protection Act

The “Medical Marijuana Public Employee Protection Act” seeks to prevent discrimination against public employees and job applicants for lawful medical marijuana use, while setting clear guidelines for its regulation in the workplace.

The proposed legislation prohibits public employers, including state and local government entities, public schools, and universities, from taking adverse actions—such as firing, suspending, or refusing to hire—against employees or job applicants solely due to their status as medical marijuana patients. Exceptions are included for cases where marijuana use demonstrably impairs an individual’s ability to perform their job duties. Under HB 83, public employers are required to notify employees or applicants who test positive for marijuana of their right to contest the result or provide an explanation, such as presenting a valid medical marijuana use registry ID or physician certification. Employers must verify positive test results through confirmation testing before taking punitive action. The bill also mandates reasonable accommodations for employees who are registered medical marijuana patients, except in cases where such accommodations would create undue hardships, pose risks to safety, or conflict with federal requirements.

The legislation grants employees the right to pursue legal remedies if they face discrimination in violation of these provisions. Potential remedies include reinstatement, compensation for lost wages, and recovery of legal fees.

If enacted, this legislation would represent a significant step forward in aligning Florida’s employment laws with its medical marijuana program, ensuring that public employees are not penalized for accessing legally prescribed treatment.