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A newly elected Democrat filed a bill Friday to protect public employees from positive marijuana tests – if they have a medical prescription.
Rep. Mitch Rosenwald, who represents part of Broward County, filed HB 83 in an attempt to shield state, county, and local government employees and job applicants with a prescription for marijuana from negative repercussions for using the drug offsite, an area where Florida statute is currently silent.
The bill would prevent government employers from refusing to hire or from suspending, demoting, or discharging “qualified patients” for using medical marijuana, although it would not protect an employee impaired at work.
The bill was introduced in the Senate last year by Sen. Tina Polsky, but died in the Health Policy committee.
Employees or job applicants with a medical marijuana card who test positive for the drug would have five days to present the card to the employer, according to the bill.
The bill would allow employees or applicants facing punishment for using medical marijuana to take civil action to seek relief such as reinstatement to a job and benefits, compensation for lost wages, and attorney costs.
According to the Office of Medical Marijuana Use, 895,469 Floridians have an active marijuana card.
Medical cannabis is legal in 38 states, while 24 have anti-discrimination employee protection, according to the National Conference of State Legislatures.
Voters approved medical marijuana in 2016 as a constitutional amendment. Recreational marijuana was on the ballot in 2024, but did not receive 60% support.
Rosenwald is starting his first term. He previously served as commissioner, vice mayor, and mayor of Oakland Park.
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In court
The proposed legislation would grant law enforcement agencies permission to adopt policies prohibiting employees from using medical marijuana.
The topic has been litigated in Florida, such as by Samuel E. Velez Ortiz, who worked as a officer for the Florida Department of Corrections until he was fired in 2021 after a random drug test flagged him for cannabis metabolites.
Velez Ortiz, a military veteran prescribed marijuana for a PTSD diagnosis, was considered unqualified to carry a firearm, part of his job requirement, by the state Public Employees Relation Commission. The commission concluded federal laws deemed Velez Ortiz unqualified to carry the gun.
Florida’s First District Court of Appeal upheld the decision and the Florida Supreme Court, in January 2024, denied a petition for review.
In a different case, a Hillsborough County judge found in favor of a paramedic who was suspending after testing positive for cannabis.
The ruling found Hillsborough County paramedic Angelo Giambrone should be shielded from discrimination for using a valid medical marijuana card and is entitled to back pay, compensatory damages, and attorney fees.
“We think this is obviously a correct verdict and hopefully allow marijuana patients to stop being discriminated against when they’re using medicine so they can be functional human beings in life again,” Giambrone’s attorney Michael Minardi previously said.
Defendants in both cases acknowledged the plaintiffs were never found to be under the influence at work.
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“}]] A newly elected Democrat filed a bill Friday to protect public employees from positive marijuana tests – if they have a medical prescription. Rep. Mitch Rosenwald, who represents part of Broward County, filed HB 83 in an attempt to shield state, county, and local government employees and job applicants with a prescription for marijuana from Read More
