Michael Collier, MD, MRO, Owner, Coastal MRO Inc.
Since the passage of the Medical Use of Marijuana Act in 2017, more than 300,000 patients have received medical marijuana ID cards. Some employees may wonder how testing positive for THC may affect their employment. Having a card does not have any effect on the outcome of a positive THC drug screen result under the Florida or Federal Drug-Free Workplace.
Specifically, Senate Bill 8A, Medical Use of Marijuana states:
■ This section does not limit the ability of an employer to establish, continue or enforce a drug-free workplace program or policy.
■ This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana.
■ This section does not create a cause of action against an employer for wrongful discharge or discrimination.
In other words, while employees have the legal use of marijuana, employers may prohibit its use as a condition of employment. Termination or denial of employment based on a positive drug screen for marijuana is still legal under Florida law and is not considered discrimination as it is still illegal under the Federal FDA drug schedule.
Some employers may take a “don’t ask, don’t tell” stance and remove marijuana from their drug screen panel; however, we have only seen a small percentage use this approach. As medical and recreational marijuana laws become more popular throughout
the United States, the federal rules may change. In the interim, employees in the state of Florida have very few rights in regard to
drug testing other than to be notified of the employer’s intent to drug screen and under what circumstances they may be drug tested.
I recommend that before any employer considers a “don’t ask, don’t tell” policy concerning marijuana testing that they contact their Workers’ Compensation insurance carrier or agent and determine if they would still be eligible for the standard premium reduction allowed by the Florida Drug-Free Workplace statutes.
Michael Collier, MD is an Internist with the Millennium Health Group in Fort Myers, Fla. and the owner of Coastal MRO, Inc, established January 1991. He has been certified by the MROCC since 1993. For more information, contact Dr. Collier at mcollier@coastalmro.com.
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