HR Alert

Reminder: Florida's Constitutional Amendment Regarding Medical Marijuana Affects Employment

Provisions Now in Effect

As a reminder to Florida employers, the state's constitutional amendment regarding medical marijuana is currently effective. Provisions affecting employment are presented below.

Provisions Affecting Employment
The medical use of marijuana by a qualifying patient or caregiver in compliance with the amendment is not subject to criminal or civil liability or sanctions under state law. However, the amendment does not require any accommodation of any on-site medical use of marijuana in (among other places) any place of employment, or of smoking medical marijuana in any public place.

Furthermore, the amendment does not require any health insurance provider to reimburse any person for expenses related to the medical use of marijuana.

Note: A separate state law also prohibits the use of medical marijuana in any public place and in the qualified patient's place of employment, if restricted by his or her employer.

Employers may wish to review the amendment and state statute in their entirety, and consult with an attorney to discuss any impact on workplace policies or practices. Click here for additional information from the Florida Department of Health.

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