Experts say Florida employers must adapt policies that protect workers while maintaining safety in sensitive industries
In Florida, the conversation around medical marijuana continues to evolve — not just in homes and clinics, but now in workplaces across the state, from Miami-Dade County to the Florida Panhandle. As more Floridians turn to cannabis for treatment, employers are finding themselves at the crossroads of compassion and compliance, unsure how to navigate a law that’s legal at the state level but still prohibited federally.
A legal gray area for employers and workers
A 2019 case involving a Hillsborough County paramedic who tested positive for cannabis despite having a medical marijuana card reignited the debate. The court ruled in his favor under Florida’s Civil Rights Act — a decision that suggests public employers may need to make reasonable accommodations for medical marijuana patients.
But the issue isn’t that simple. “Employers can still enforce zero-tolerance policies,” explained Cheryl Brown Merriwether, Vice President and Executive Director of the Net Institute Center for Addiction and Recovery Education. “However, they must recognize that the legal landscape is shifting.”
Brown Merriwether encourages companies to foster what she calls a “recovery-friendly environment,” where compliance and care coexist. That’s especially vital in industries like healthcare, law enforcement, and construction, where safety is paramount.
Finding the balance: safety and support
The National Safety Council (NSC) warns that cannabis use in safety-sensitive positions can increase the risk of injury or death. Nick Hartman, co-founder of the Drug Screening Compliance Institute, agrees that the conversation must center around both science and safety.
“Drug testing adds another layer of complexity,” Hartman said. “Standard urine tests can’t tell when cannabis was used. The best option right now is oral fluid testing, which provides a more accurate window of recent use.”
As Florida’s medical marijuana program matures, employers are being urged to update their policies — not just to stay compliant, but to reflect empathy and awareness in a changing workplace culture.
The future of medical marijuana in Florida workplaces depends on striking the right balance between employee rights and public safety — a challenge that will continue to shape the state’s evolving labor landscape.
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