In 2016, Florida passed the Florida Medical Marijuana Legalization Initiative, Amendment 2. This law allows people with certain medical conditions to use medical marijuana if prescribed by a licensed physician. Conditions include cancer, epilepsy, glaucoma, HIV/AIDS and several others. While medical marijuana is legal, recreational use remains illegal in Florida.
Still, there are legal questions to answer regarding prescription marijuana use. For example, those with a prescription may ask: Can a workers’ compensation claim be denied because of medical marijuana use?
Legal protections for both sides
A worker with a prescription for medical marijuana can file for workers’ compensation in Florida. However, the process can be complex. The key issue is whether the marijuana use contributed to the accident.
Florida law allows employers to conduct drug tests after a workplace injury. If the test is positive for marijuana, it’s presumed that impairment caused the injury. Employees can challenge this presumption, but the employee must provide evidence that marijuana did not contribute to the accident.
Employers in Florida can conduct drug tests after a workplace injury. If the test is positive for marijuana, the employee must show that their marijuana use did not cause the injury. This can be difficult because THC, the active ingredient in marijuana, can stay in the body for days or weeks after use, making it hard to prove actual impairment at the time of the accident.
Avoid misunderstandings and mischaracterizations
Employers and employees can be proactive in addressing legal medical marijuana usage by an employee.
Employees should:
- Understand Florida’s medical marijuana laws and ensure you have a valid prescription.
- Let your employer know if you are using medical marijuana. This can help avoid misunderstandings if you suffer an injury at work.
- Be mindful of how marijuana affects your ability to perform your job safely, especially in roles that require high levels of alertness or coordination.
- Keep records of your medical marijuana prescription and any communications with your employer about your use.
Employers should:
- Develop and communicate clear drug policies that comply with state laws. Make sure employees understand these policies.
- Provide regular training on drug safety and awareness. Ensure that supervisors know how to handle situations involving medical marijuana.
- Consider reasonable accommodations for employees who are legally using medical marijuana. It can help avoid discrimination claims.
- Ensure that drug testing procedures are fair and consistent. Be prepared to handle situations where an employee tests positive for marijuana but claims it did not impair their work.
Both employees and employers need to understand the laws and best practices to navigate these challenges effectively.
Disagreements are likely
For guidance regarding a specific incident where impairment is suspected, it is recommended that you consult with legal professionals experienced in Florida’s workers’ compensation laws. These professionals can protect the rights of their clients and ensure everyone functions within the confines of Florida law.