Speak With Our Attorneys –
Phone:  941-306-3230
Advocates For The Accused
Since 1993
McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

Florida doesn’t have employment protections for medical marijuana

On Behalf of | Feb 11, 2020 | Firm News

The availability of medical marijuana in Florida presents a conundrum for some people who might have a condition that can benefit from using it, but who are concerned about how it might impact them in a professional manner. The answer to this isn’t always simple, so it might help to understand a few things.

While there are states that have laws protecting an employee’s right to use medical marijuana, Florida isn’t one of them. Because of the lack of protection, you have to know your employer’s policies regarding the use of this drug.

Employment and medical marijuana

Many companies require drug testing prior to making a firm offer of employment. In recent times, some have stopped requiring that marijuana is one of these drugs. You should learn your employer’s policy. Some will have rules forbidding you to work while you’re impaired by any substance, but that wouldn’t likely mean you couldn’t use the medical marijuana in your off hours.

Some people might find that they can never use marijuana because of the nature of their job duties and the type of drug testing performed. A hair follicle test, for example, would show drugs used within 90 days, so avoiding marijuana would be the only way this would come back with a negative result. Even then, the chance of having a positive result from something else, such as over-the-counter medication, that produces a false positive result is possible.

Get your documentation together

You’ll need to get your prescription from a doctor who is able to prescribe medical marijuana. Getting this requires you to have a medical examination to ensure that you have a condition that can be treated with medicinal marijuana.

There are specific conditions that qualify a person for medical marijuana in Florida. These include things like post-traumatic stress disorder, Crohn’s disease, cancer and multiple sclerosis. Typically, you can’t get a prescription due to chronic pain unless that pain is caused by one of the listed conditions or one that is comparable.

The doctor won’t give you the marijuana. Instead, you will apply for your Florida registry card. You then take that to a treatment center to receive the marijuana. You’ll need to follow up with your doctor at least every seven months.

People who use medical marijuana might end up facing legal challenges due to employment matters and other incidents like accusations of impaired driving. Learning your options is beneficial so you can develop an empowering strategy.

FindLaw Network

Practice Areas