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Medical Marijuana in the Workplace Conundrum 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:
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 employ■ This section does not limit the ability of an employ- er’s intent to drug screen and under what circumer to establish, continue or enforce a drug-free stances they may be drug workplace program or policy. tested. ■ This section does not require an employer to I recommend that accommodate the medical use of marijuana in any before any employer workplace or any employee working while under considers a “don’t ask, the influence of marijuana. don’t tell” policy concerning marijuana testing that ■ This section does not create a cause of action they contact their Workers’ Compensation insurance against an employer for wrongful discharge or carrier or agent and determine if they would still be discrimination. eligible for the standard premium reduction allowed by the Florida Drug-Free Workplace statutes. In other words, while employees have the legal FRM use of marijuana, employers may prohibit its use as a condition of employment. Termination or denial Michael Collier, MD is an Internist with the Millennium of employment based on a positive drug screen for Health Group in Fort Myers, Fla. and the owner of marijuana is still legal under Florida law and is not Coastal MRO, Inc, established January 1991. He has been considered discrimination as it is still illegal under the certified by the MROCC since 1993. For more informaFederal FDA drug schedule. tion, contact Dr. Collier at mcollier@coastalmro.com. 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 www.floridaroof.com | FLORIDA ROOFING
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