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Legislators in Florida introduced a bill that would create various protections for people who are eligible to use medical marijuana.

About The Bill

Florida’s proposed Senate Bill 166 (SB166), also known as the Medical Marijuana Public Employee Protection Act, was written to create protections for employees who are permitted to use cannabis for medicinal purposes. It says that public employers may not take adverse actions against applicants or employees because they use medical marijuana.

Employers would still be allowed to run drug tests for employment purposes. However, if they consider an adverse action because someone tested positive for marijuana, then they'd be required to send the individual written notice within 5 business days and explain the recipient’s right to contest the result. Should the person fail to provide a satisfactory explanation, then the employer would further be required to do a second test before taking any adverse action.

Employees May Not Be Impaired At Work

Nothing in SB166 creates allowances for any employee to be impaired while on the job. The Act says that if an employer can establish “a preponderance of evidence that the lawful use of marijuana is impairing the employee’s ability to perform his or her job duties or responsibilities”, then the organization may take an adverse action.

Accommodations

If the bill becomes law, public employers would be required to make “reasonable accommodations for the medical needs of an employee who engages in the use of medical marijuana if the employee holds a valid medical marijuana use registry identification card, unless the employer can demonstrate that the accommodation would pose a threat of harm or danger to persons or property, impose an undue hardship on the employer, or prevent an employee from fulfilling his or her job responsibilities.”

Violations

The proposed bill also creates policies regarding how violations could be handled. It says that if an individual has been the subject of an adverse action which violates the law, they may then bring a civil action against the organization. This must be done within 180 days of the incident.

Should a judgment be made in favor of the employee, then the court could require the employer to do any or all of the following:

• Reinstate the employee or offer an equivalent position.
• Reinstate full fringe benefits and seniority rights.
• Compensate the person for lost wages, benefits and other remunerations.

Drug Screening And Background Checks

Employers in Florida should be aware of this proposed law and know how it will affect them if it is voted into law. Organizations everywhere should be aware of the obligations they have regarding background screening and drug testing. One way to help achieve this goal is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). These CRAs take reasonable steps to ensure they provide current data that can help hiring managers make informed decisions and conduct due diligence.

If your organization needs employment background checks, please contact us. Our experienced team can help you customize screening packages based on your needs, relevant laws and industry best practices. We are available to assist you Monday through Friday from 5am to 6pm PT.