Florida Lawmaker Introduces Bill to Protect Government Employees’ Medical Marijuana Use
A new bill has been filed in the Florida House of Representatives to shield government employees and job applicants who use medical marijuana with a valid prescription from negative repercussions. The bill, introduced by Representative Mitch Rosenwald, aims to protect “qualified patients” from being fired, suspended, or demoted for using medical marijuana off the job.
The proposed legislation would prevent government employers from taking adverse action against employees or job applicants who test positive for marijuana, as long as they present a valid medical marijuana card within five days. The bill would also allow affected individuals to seek civil action to recover lost wages, benefits, and attorney fees.
Florida has a large number of residents who use medical marijuana, with over 895,000 active marijuana cards issued by the Office of Medical Marijuana Use. While medical cannabis is legal in 38 states, only 24 states have laws protecting employees who use medical marijuana from discrimination.
The bill is similar to one introduced last year by Senator Tina Polsky, which died in the Health Policy committee. Rosenwald’s bill has sparked renewed debate on the issue, which has been litigated in Florida courts in recent years.
In 2021, a Florida Department of Corrections officer was fired after testing positive for cannabis metabolites, despite having a medical marijuana prescription for PTSD. The state’s Public Employees Relation Commission ruled that the officer was unqualified to carry a firearm due to federal laws. A similar case involving a Hillsborough County paramedic who was suspended for using medical marijuana was settled in favor of the employee, who was awarded back pay, compensatory damages, and attorney fees.
The proposed legislation would also allow law enforcement agencies to adopt policies prohibiting employees from using medical marijuana. Rosenwald’s bill is expected to face opposition from some lawmakers, but it has the potential to provide relief to thousands of Floridians who use medical marijuana and face discrimination in the workplace.
