July 14, 2020

Volume X, Number 196

July 14, 2020

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July 13, 2020

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Florida Legislature to Consider Bill Protecting Rights of Medical Marijuana Users

A Florida state senator has put forward a bill to protect medical marijuana users from workplace discrimination, including firings for positive drug tests, as discrimination lawsuits follow the trend of legalization across the country. 

The introduction of Senate Bill 962 is in response to numerous lawsuits filed by workers who were terminated from their jobs for cannabis use. Several states with legalized medical marijuana have protections for users in the workplace, including barring employers from using positive test results to decide on hiring or firing unless the user is bringing their marijuana to work or they work in an environment where safety is a concern. 

The proposed bill incorporates protections similar to those afforded to workers in other states, such as Arizona, Maine and Minnesota. In the proposed bill, employers still would be able to punish workers who possess or use medical marijuana during normal business hours. And jobs with “safety-sensitive” duties, such as work with hazardous materials or work that involves carrying a firearm, are exempt from the proposed rules. 

Additionally, the proposed bill would permit employers with drug test policies to have five days to provide written notice to applicants who test positive for marijuana or its metabolites, explaining the applicant’s right to provide an explanation for the positive test result. The applicant or employee would then have five business days to submit information explaining or contesting the test result, or to request a confirmation test. According to the text of the proposed bill, employers may take “adverse personnel action” against any employee if the employer has evidence that the medical marijuana use is impairing the worker’s ability to perform his or her job responsibilities. 

The proposed bill highlights the inherent conflict between the rights of the individual to accept and undergo treatment for legitimate medical conditions in contradiction to employers’ desire to have a “drug-free” working environment in order to maintain certain standards of work quality and safety. 

A similar bill was introduced in the Florida House of Representatives in early November 2019. Both the Florida House of Representatives and Florida State Senate are expected to consider the respective bills in the 2020 legislative sessions.

© 2020 Wilson ElserNational Law Review, Volume IX, Number 325


About this Author

Alan Fiedel, insurance litigation attorney, Wilson Elser, law firm

Alan Fiedel focuses his practice on litigation and insurance. A hands-on, information-oriented attorney, he addresses matters of general liability, product liability, professional liability and trucking liability in both state and federal courts. He also handles insurance coverage issues and disputes pertaining to insurers and serves as monitoring counsel for litigation brought in the Caribbean basin and in South America against U.S.-based multinational corporations. 

When retained on a case, Alan provides the client with the full picture early on and...

Noelle Sheehan Wilson Elser Attorney
Of Counsel

Noelle Sheehan focuses her practice on complex civil litigation matters from outset to conclusion in state and federal courts involving insurance and general liability defense of matters including personal injury, premises liability, product liability, wrongful death, automobile liability, negligent security, contract disputes, indemnification disputes, Americans with Disabilities Act compliance, nursing home negligence and medical malpractice. She also handles cannabis law matters. In addition, Noelle is a Florida Supreme Court Qualified Arbitrator. 

Prior to joining Wilson Elser, Noelle was a partner at the largest minority- and women-owned law firm in the country, a full-service business law firm offering a wide variety of legal services to public and private companies, professionals, entrepreneurs and individuals. Previously, she practiced predominately in the Cleveland, Ohio, area where she handled civil litigation cases. Noelle also has experience in the rights, transfer and assignment of oil and gas leases for an Ohio energy company. As an associate attorney, she handled construction litigation, arbitration, corporate entity formation, estate planning matters, and federal and Ohio Historic Preservation Tax Credit applications, including listings on the National Register of Historic Places.

Noelle currently serves as a member of the mentoring committee of Wilson Elser’s Women Attorneys Valued & Empowered (WAVE) initiative, which focuses on the firm’s development and retention of women attorneys, enhancing and strengthening their skills and providing career-advancing opportunities in client service, business development and leadership.