Medical Marijuana in the Workplace: What’s Next?

In 2016, Florida voters soundly passed Amendment 2, Florida’s medical marijuana law, with more than 71 percent of the vote.  Since then, two bills have been passed implementing the law, there was one high-profile lawsuit targeting the legislature’s initial ban on smoking medical marijuana, and the Office of Medical Marijuana Use was created as part of Florida’s Department of Health.  

Where Are We Now?Only “qualified patients” are entitled to use medical marijuana, which requires certification by a physician of a debilitating medical condition:  cancer, epilepsy, glaucoma, HIV, AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, other medical conditions “of the same kind or class as or comparable” to the ones specifically identified, a terminal condition, and chronic nonmalignant pain.

Florida’s law specifically provides that no employment accommodations are required for any on-site medical marijuana use.  Thus, an employee can use…