When an individual in Florida undergoes a urinalysis and their doctor-prescribed medical marijuana is detected, it is deemed as a “failed drug test.”

Meaning, in the state of Florida, companies and corporations have the authority to determine which doctor-prescribed medications are permissible and which are not in their workplace. This grants employers the ability to influence employee medical treatments, despite lacking medical expertise themselves.

However, when individuals are denied employment due to their use of doctor-prescribed medication, they are essentially being denied employment based on the underlying conditions that require the medication. This raises concerns regarding fairness and potential violations of employee rights.

Steven Jenkins has a medical marijuana card but objects to cannabis being treated differently than other medications. (courtesy, Steven Jenkins)

It is also possible that the actions described may raise concerns regarding potential violations of HIPAA privacy rules, especially when medical marijuana users typically refrain from using or consuming their medication before engaging in activities such as driving, working or carrying out daily tasks.

Medical marijuana is often used on an as-needed basis for emergencies and sudden medical episodes. In contrast, stronger medications like opioids are usually taken on a scheduled basis, typically every 4 to 6 hours. It’s possible, even likely, that those on prescribed opioids have a far greater chance of being under the influence of the medication while at work.

Furthermore, the state of Florida permits medical marijuana cardholders to possess up to 2.5 ounces of medical marijuana per month. However, the dispensaries in Florida typically sell the medicine in the smallest available increments. Most dispensaries in the state do not offer quantities larger than 3.5 grams, which is equivalent to one-eighth of an ounce. These “eighths” are priced at approximately $45 to $50 each. Meaning, in the state of Florida, you are allowed to purchase up to 20 eighths per month at a cost of $50 each, resulting in a total of around $1,000 for the month.

That high cost could lead to patients going elsewhere for their medications — namely, the illegal black market, where their medication may be counterfeit or contaminated.

As a disabled veteran who abides by Florida law and pays the high costs of medication at dispensaries (and my sales history from the Florida dispensaries can prove that), it’s disheartening to be limited to certain job opportunities that do not conduct drug tests (due to me “failing” for doctor-prescribed medicine).

All of that raises some questions that Florida lawmakers ought to answer:

Why do employers in Florida have the freedom to engage in such discriminatory practices?
Why do dispensaries in Florida have the liberty to engage in excessive pricing strategies?
Medical marijuana is legal in Florida and requires a note from a licensed physician within the state, so why are individuals “failing” drug tests for medication that has been legally prescribed?
Why hasn’t the government of Florida implemented any specific political policies to address these concerns?
In arresting people for simple possession, isn’t the state government effectively targeting its competition by arresting individuals involved in the same activities it permits through its own regulations?
How can the Florida government justify selling marijuana, which remains illegal under federal law, while simultaneously incarcerating citizens for similar actions?
In essence, what is the comprehensive scientific and legal rationale that permits individuals using legal medication to test positive for their prescribed medication and be denied emplyoment?

All of us who use legal medical marijuana in Florida deserve answers.

Steven Jenkins is a resident of Kissimmee.