Employer Workplace Policies and Cannabis in Florida
Florida’s medical marijuana program is well established, but workplace rules don’t automatically “follow” an employee’s medical card. In most jobs, employers can still enforce drug-free workplace policies, require drug testing, and take action after a positive THC result—especially in positions where safety is a concern.
What Florida law says about employers
Florida Statute 381.986 (medical use of marijuana) includes an “applicability” section aimed directly at workplaces. It states that Florida’s medical marijuana law does not limit an employer’s ability to establish, continue, or enforce a drug-free workplace policy; does not require an employer to accommodate medical marijuana use in any workplace or any employee working while “under the influence” of marijuana; and does not create a cause of action against an employer for wrongful discharge or discrimination.
In practical terms, a patient may be compliant with Florida’s medical program, but that alone does not guarantee workplace protection if the employer’s policy prohibits THC.
Drug testing and “drug-free workplace” programs
Many Florida employers align policies with Florida’s Drug-Free Workplace framework in F.S. 440.102, which outlines notice requirements, testing categories (including applicant testing and reasonable-suspicion testing), confirmation procedures, and employer protections when actions are based on verified results.
Workplace policies often specify:
- when testing can occur (pre-employment, random, post-incident, reasonable suspicion),
- what counts as a policy violation, and
- consequences for a positive result or refusal.
One tricky reality is that most tests detect THC metabolites, not real-time impairment. This can create gray areas for off-duty use, but it doesn’t remove job risk: if the written policy treats a verified positive test as a violation, an employer may discipline even when the employee believes they were not impaired at work.
Federal rules can make policies stricter
Even in Florida, federal requirements can shape employer policies. Federal contractors and grantees generally must maintain a drug-free workplace policy under the Drug-Free Workplace Act framework.
For DOT-regulated safety-sensitive roles (trucking, aviation, rail, transit, etc.), DOT has long stated that medical marijuana is not a valid medical explanation for a positive marijuana test under DOT drug testing rules.
A developing wrinkle: public-sector accommodation litigation
Although Florida’s statute is employer-friendly, a Hillsborough County case has drawn attention because a Florida circuit court ruled in favor of a public-employee EMT who alleged disability discrimination tied to off-duty medical cannabis use, and the county indicated it would appeal. This area is evolving, and outcomes can depend heavily on facts, job duties, and whether the employer is public or private.
Practical takeaways
For employees: read the written policy carefully, assume THC testing can carry consequences, avoid any on-duty use, and be extra cautious before shifts if you drive, operate machinery, or provide patient care. If you’re seeking an accommodation, focus on the underlying medical condition and essential job functions (e.g., schedule changes or duty adjustments), not a blanket “permission” to use cannabis.
For employers: keep policies clear and consistently enforced; define prohibited conduct (possession, use, impairment), document reasonable suspicion properly, and align practices with any applicable federal requirements—especially for safety-sensitive positions.