Bill > S0136

This bill creates the Medical Marijuana Public Employee Protection Act, which provides legal safeguards for public employees who are qualified medical marijuana patients. The legislation prohibits public employers from taking adverse personnel actions (such as firing, demoting, or refusing to hire) against employees or job applicants solely because they are registered medical marijuana patients with a physician's certification. The bill allows employers to take action only if they can demonstrate that medical marijuana use impairs an employee's job performance, defined as displaying specific, articulable symptoms that adversely affect work duties. If an employee tests positive for marijuana, the employer must provide written notice and an opportunity to explain the test result, and the employee can submit a physician certification or medical marijuana registry card as part of their explanation. The bill provides a mechanism for employees to contest adverse actions through civil litigation, potentially recovering lost wages, reinstatement, and attorney's fees. However, the law does not require employers to accommodate medical marijuana use if it would create undue hardship, pose safety risks, or violate federal law, and it specifically allows law enforcement agencies to maintain stricter policies prohibiting medical marijuana use by employees. The act aims to balance employee protections with employer rights and operational needs.

https://www.flsenate.gov/Session/Bill/2026/136