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FL S0166

FL S0166
Protections for Public Employees Who Use Medical Marijuana as Qualified Patients


summary

Introduced
10/11/2023
In Committee
10/17/2023
Crossed Over
Passed
Dead
03/08/2024

Introduced Session

2024 Regular Session

Bill Summary

An act relating to protections for public employees who use medical marijuana as qualified patients; creating s. 112.23, F.S.; defining terms; prohibiting a public employer from taking adverse personnel action against an employee or a job applicant who is a qualified patient for his or her use of medical marijuana; providing exceptions; requiring a public employer to provide written notice of an employee’s or a job applicant’s right to explain or contest a positive marijuana test result within a specified timeframe; providing procedures that apply when an employee or a job applicant tests positive for marijuana; providing a cause of action and damages; providing construction; providing an effective date.

AI Summary

This bill creates the "Medical Marijuana Public Employee Protection Act" in Florida. It prohibits public employers from taking adverse personnel actions (e.g., refusing to hire, firing, demotion) against employees or job applicants who are "qualified patients" under the state's medical marijuana law. However, employers can take such actions if they can show the employee's use is impairing their job performance. The bill also requires employers to provide written notice and an opportunity to explain or contest a positive marijuana test before taking adverse action. Employees or applicants can file a civil lawsuit if they face prohibited adverse action, and the court can order remedies like reinstatement and compensation. The bill does not require employers to accommodate medical marijuana use if it would cause undue hardship or violate federal law.

Sponsors (1)

Last Action

Died in Health Policy (on 03/08/2024)

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