Florida lawmakers have introduced a new measure designed to safeguard the parental rights of medical marijuana patients. The bill, SB 146, proposed by Senator Tina Scott Polsky (D), aims to prevent courts from restricting custody, visitation, or parenting time based solely on a parent’s status as a qualified cannabis patient.
The move represents a significant step toward addressing perceived biases against medical marijuana users within family law, while also setting a broader precedent for cannabis-related legal protections in Florida.
Key Provisions of SB 146: What It Means for Parents
The one-paragraph bill seeks to eliminate presumptions of neglect or child endangerment based purely on a parent’s legal use of medical marijuana. Under the proposed legislation, courts would be explicitly barred from limiting parental rights on this basis.
- The bill states: “A court may not deny or otherwise restrict a parent’s custody of a minor child or the parent’s visitation rights or parenting time with a minor child based solely on the parent’s status as a qualified patient.”
- It further clarifies that “there is no presumption of neglect or child endangerment based solely on the person’s status as a qualified patient.”
This legal protection emphasizes that the determination of a child’s best interests must not hinge on a parent’s medical cannabis status, aligning with Florida’s constitutional amendment allowing medical marijuana use.
Broader Efforts to Protect Medical Marijuana Patients
The introduction of SB 146 coincides with a growing push to protect medical marijuana patients from discrimination across various spheres of life in Florida.
Just days earlier, Representative Mitch Rosenwald (D) filed HB 83, a bill targeting workplace discrimination against government employees who legally use cannabis. HB 83 aims to ensure that public workers cannot be punished for off-duty medical marijuana use unless there is evidence of impairment at work.
HB 83 includes key provisions such as:
- Prohibiting public employers from firing, demoting, or refusing to hire qualified candidates based on medical cannabis use.
- Allowing employers to impose disciplinary actions only if employees are found impaired on the job.
- Requiring agencies to inform employees of their rights to contest positive drug test results within five days.
Legal Battles and Precedents Shape the Conversation
Florida’s cannabis policy debate has been influenced by several high-profile legal cases, highlighting the need for legislative clarity.
- The Case of Velez Ortiz:
In 2021, corrections officer Velez Ortiz was terminated following a positive THC test, despite having a doctor’s recommendation for medical cannabis to treat PTSD. After legal challenges, Florida’s Supreme Court declined to review the case, effectively upholding Ortiz’s firing. - The Paramedic’s Victory:
Last month, a Florida paramedic suspended in 2019 over a positive cannabis test won a landmark ruling. The court declared that employers cannot discriminate against medical marijuana patients and must provide reasonable accommodations unless there’s evidence of impairment at work. Judge Melissa Polo underscored that Florida’s medical marijuana law requires such protections, particularly for individuals with qualifying disabilities like anxiety and sleep disorders.
These cases underscore the pressing need for legislative interventions to protect the rights of qualified medical marijuana patients in parenting, employment, and beyond.
How Florida Compares to Other States
The proposed Florida bill comes at a time when other states grapple with similar issues surrounding medical cannabis. Notably, Virginia’s Governor Glenn Youngkin (R) vetoed a bill last year that sought to protect parental rights for medical cannabis patients. This highlights the diverse and often inconsistent approaches to cannabis policy across the U.S.
Florida’s stance on protecting medical marijuana users, while still evolving, reflects a growing recognition of their rights as legitimate patients under state law.
A Broader Cultural Shift
As public opinion continues to shift in favor of cannabis legalization, such measures signal a broader acknowledgment of medical marijuana’s role in treating serious health conditions. Advocates argue that the laws must catch up with reality, ensuring that patients are not penalized for following doctor-approved treatments.
Florida voters approved medical marijuana through a constitutional amendment in 2016, but gaps in legal protections remain. The ongoing efforts to address workplace and parental rights reflect an acknowledgment that patients deserve to live without fear of discrimination for their lawful choices.
