Florida lawmakers are weighing a new bill that could reshape the employment landscape for medical marijuana patients working in public sector jobs. If passed, the legislation would protect these workers from job-related penalties for using cannabis legally outside of work hours.
Introduced by Rep. Mitch Rosenwald (D), the bill, HB 83, seeks to prohibit government agencies from firing, demoting, or refusing to hire individuals solely based on their lawful use of medical marijuana. This measure aims to address longstanding concerns about workplace discrimination against medical cannabis patients, a growing issue in a state where marijuana use for medical purposes is constitutionally protected.
The Scope of the Bill
The proposed legislation clearly outlines its limitations. While it protects off-duty cannabis use, it does not allow workers to be impaired while performing their duties. Public employers would retain the right to discipline employees who show clear signs of being under the influence on the job.
For instance, the bill specifies that agencies may take action against an employee if they exhibit “specific, articulable symptoms” that impede their ability to carry out job responsibilities. This provision ensures that the law doesn’t interfere with workplace safety or productivity.
Interestingly, law enforcement officers remain exempt from the protections outlined in the bill. Police departments and other law enforcement agencies can still restrict off-duty cannabis use by officers, reflecting ongoing concerns about firearm use and federal legal conflicts.
A Layer of Due Process for Workers
HB 83 introduces a significant procedural safeguard for employees and job applicants who test positive for marijuana. Under the bill, public employers must provide written notice of a positive drug test result and allow individuals five days to contest or explain the finding. This could prevent wrongful disciplinary actions and provide a fairer process for workers.
In addition to job protections, the measure aligns with broader efforts to balance workplace rights with Florida’s medical marijuana laws. By ensuring due process, it addresses complaints that existing practices often lack fairness and transparency.
Similar Legislative Efforts and Real-World Cases
This isn’t the first time Florida lawmakers have tackled the issue. A comparable proposal, the Public Employee Protection Act (SB 166), was introduced last year by Sen. Tina Polsky (D). That measure also sought to shield state employees from adverse actions tied to medical marijuana use. However, it failed to gain enough traction to become law.
Real-life cases like that of Velez Ortiz, a former Florida Department of Corrections employee, have amplified calls for reform. Ortiz, who used medical marijuana for post-traumatic stress disorder, was fired after a positive THC test in 2021. Despite a doctor’s recommendation for cannabis treatment, Ortiz’s termination was upheld by an appeals court, and the Florida Supreme Court declined to review the case.
More recently, a state court ruled in favor of a paramedic who was suspended after testing positive for cannabis. The judge determined that the county violated the Florida Civil Rights Act by failing to provide reasonable accommodations for the worker, who used medical marijuana for anxiety and a sleep disorder. The decision underscored the rights of patients under Florida’s medical marijuana laws, particularly when their off-duty use does not impact their job performance.
What This Means for Public Employers
If passed, HB 83 could introduce new responsibilities for public employers, particularly around how they handle drug testing and employee accommodations. While the bill doesn’t prevent employers from maintaining drug-free workplace policies, it requires them to navigate these policies carefully to avoid unfairly penalizing workers for legal cannabis use.
Key provisions include:
- Prohibiting employment discrimination based solely on medical marijuana use.
- Allowing employees to contest positive test results within five days.
- Preserving employers’ ability to discipline workers impaired on the job.
These changes could compel agencies to review their drug-testing procedures and policies, ensuring compliance with the law while maintaining safety and efficiency.
A Step Forward for Medical Marijuana Patients
Florida’s medical marijuana program has expanded significantly since voters approved it in 2016. Today, hundreds of thousands of residents use cannabis for approved medical conditions. However, many patients still face stigma and workplace challenges, especially in the public sector.
HB 83 represents a meaningful step toward addressing these concerns. While it may not resolve every issue—law enforcement restrictions and federal conflicts remain hurdles—it offers much-needed protections for many government workers.
At its core, the bill acknowledges the right of individuals to use legally prescribed medical treatments without fear of job loss or discrimination, a principle that aligns with the broader goals of Florida’s medical marijuana laws.
