Medical marijuana was legalized in Florida after Amendment 2 passed during last week’s election, but there are still questions as to what this means for businesses that have employees who want to use it at work.
Since marijuana is still illegal under federal law, the state isn’t required to accommodate its medical use in the workplace.
Lisa McGlynn is an attorney with Fisher & Phillips in Tampa. She said it’s up to employers how they want to regulate it.
“They don’t have to allow someone to come to work under the influence of medical marijuana,” she said. “So they might test positive for medical marijuana and even if they have a prescription, the employer can lawfully terminate that person.”
The amendment to legalize medical marijuana passed with over 70 percent of residents.
McGlynn says businesses should deal with employees on a case-by-case basis.
“I would certainly proceed with caution and not have a blanket policy for all positions,” she said.
Between 400,000 and 500,000 Floridians would be eligible for medical marijuana when the new law takes effect in January.
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