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Bill > H0083


FL H0083

FL H0083
Protections for Public Employees who use Medical Marijuana as Qualified Patients


summary

Introduced
01/03/2025
In Committee
01/15/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to protections for public employees who use medical marijuana as qualified patients; creating s. 112.0556, F.S.; defining terms; prohibiting a public employer from taking adverse personnel action against an employee or a job applicant for his or her use of medical marijuana if the employee or job applicant is a qualified patient; 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, which provides legal protections for public employees and job applicants who are qualified medical marijuana patients. The bill prohibits public employers from taking adverse personnel actions (such as refusing to hire, firing, demoting, or discriminating against) against employees or job applicants solely because they use medical marijuana with a valid physician certification. However, employers can take action if they can prove that medical marijuana use impairs an employee's job performance, demonstrated by specific, articulable symptoms that adversely affect work duties. The bill requires employers with drug testing policies to provide written notice to employees who test positive for marijuana, giving them an opportunity to explain the result or request a confirmation test. If an employee believes they have been wrongfully treated, they can file a civil action within 180 days, potentially receiving remedies such as reinstatement, lost wages, attorney fees, and other damages. The law does not require employers to accommodate medical marijuana use if it would create an undue hardship, pose a safety risk, or violate federal law, and it specifically allows law enforcement agencies to maintain stricter policies. The bill aims to balance employee rights with employer concerns about workplace performance and safety.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Died in Government Operations Subcommittee (on 06/16/2025)

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