Can My Employer Drug Test Me?
YES. While the possession or home cultivation of flower is currently illegal in Florida, the courts ruled in May 2018 the Florida ban on smoking medical marijuana is unconstitutional. Gov. Rick Scott signed a provision into law in June 2018 banning it from being smoked in public and the 2016 law allows the use of medical marijuana through vaping and in food, oils, sprays and tinctures. The Florida Department of Health website states “possession, use, or administration of marijuana in a form for smoking is not allowed except for flower in a sealed, tamper-proof receptacle for vaping”. Given the conflicting guidance, MMTCs appear to be awaiting further state clarity before making smokable flower widely available.YES. Florida law preserves the employers’ right to “establish, continue, or enforce a drug-free policy” which includes testing for marijuana use. It is up to each employer whether or not to enforce or maintain a no-marijuana workplace. Florida employers do not need to accommodate patients receiving, possessing or working under the influence of medical marijuana. Employees who test positive are therefore not protected as they are obligated to follow the employer’s rules for using drugs at work or having marijuana in their system.