Medical Marijuana, Prescription Drugs and Florida Employers

After the 2024 proposed amendment to legalize recreational cannabis use in Florida was not approved, more people may start looking into getting a medical marijuana card. However, it’s important to keep in mind that even medical use of cannabis can have repercussions in the workplace.

Can I get fired for failing a drug test if I have a medical marijuana card?

• Yes. If you live in Florida, you can legally get fired for failing a drug test, even if you have a medical marijuana card.
• The Florida Senate’s statute on medical marijuana does not require employers to accommodate its use in the workplace. 
•  Employers are allowed to fire employees for working under the influence of marijuana, whether it is medically prescribed or not.
• However, according to expert employment attorney Gabe Roberts, employers are still required to go through the process of discussing accommodations regarding medical marijuana. 
• If an applicant or employee with a medical card fails a drug screening, the employer is responsible for asking if there is a way to accommodate the employee’s medical or disability-related needs. 

What are reasonable accommodations for medical marijuana in the workplace?

• If an employee has a medical marijuana card, they may be allowed reasonable accommodations even in a drug-free workplace.
• For example, according to Gabe Roberts, an employer may specify that employees are not allowed to be under the influence of medical marijuana while at work, but permit the reasonable accommodation of using it outside of work hours.

Can I get fired for testing positive for prescribed medications, such as benzodiazepines or opioids?

• According to board-certified employment attorney Cathleen Scott, medical marijuana is treated differently than other medically prescribed drugs. For example, an employee who is fired for using benzodiazepines prescribed by a doctor would have a better claim of wrongful termination than someone who uses medical marijuana for the same purpose.
• The Equal Employment Opportunity Commission (EEOC) states that employees cannot be disqualified from a job due to use of legally prescribed opioids “without considering if there is a way for you to do the job safely and effectively,” unless otherwise required by federal law.

What do I do if I’ve been fired for failing a drug test?

If you want to know if you were wrongfully terminated after testing positive for medically-approved cannabis or a prescribed medication, contact our Florida employment attorneys at Scott Law Team for a consultation.