The passage of Florida’s medical marijuana law presents new challenges for employers in regulating employee drug use.
Under the new law, employers can prohibit marijuana use in the workplace, especially if it presents a safety hazard. It remains unclear, however, if employers must accommodate users who have the drug in their system while working. Particularly vexing is employers’ inability to pinpoint when the use occurred – that morning or last week.
The state is expected to make clarifications in the coming months. In the meantime, employers can rely on federal law to dismiss an employee using or carrying marijuana at work.
— Steve Bernstein, Fisher Phillips