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Do You Know if Your Employees are Using Medical Marijuana?

Do You Know if Your Employees are Using Medical Marijuana?

It is no surprise various clients have recently indicated uncertainty on how to handle the use of medical marijuana by their employees.  As an employer, do you know how the applicable laws apply to your company due to medical marijuana being legalized in Florida?

Now that Florida law permits the use of medical marijuana, an employer is encouraged to seek legal counsel to: analyze the various applicable laws as they relate specifically to the employer; assist the employer to promptly review and revise its employee handbook to be consistent with its position as to medical marijuana use; and possibly most importantly, to inform its employees of the company’s policy.  State and Federal laws need to be analyzed, keeping in mind the use and possession of marijuana is still illegal on the federal level.  To name a few, how does this new law impact the Americans with Disability Act? The Family Medical Leave Act?

I encourage employers to be proactive to determine its position on the use of medical marijuana before something has happened, such as a workers compensation claim revealing the employee’s use of medical marijuana, receiving an employee request for permission to use medical marijuana, or discovering an employee’s current use of medical marijuana.

I and my colleagues are ready and available to help should you need advice or assistance. You may reach me via email at or by phone at (239) 628-4937.

Tyra N. Read

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