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Push for Government Worker Medical Marijuana Rights Reignites

Newly Filed Bill Aims to Protect Employees with Medical Marijuana Prescriptions

A renewed push to protect government workers who use medical marijuana is taking shape in Florida. Representative Mitch Rosenwald, a newly elected Democrat from Broward County, introduced a bill on Friday aimed at safeguarding public employees with medical marijuana prescriptions from facing adverse employment actions due to positive drug tests. This bill is an attempt to address a legal gap in Florida’s current statutes, which don’t specifically protect government workers from being penalized for legally using medical marijuana offsite.

Under Rosenwald’s proposed bill, HB 83, state, county, and local government employers would be prohibited from refusing to hire or taking disciplinary action against employees or job applicants who test positive for marijuana, provided they have a valid prescription. However, the legislation is clear that it does not protect employees who are found to be impaired at work. If the bill passes, it could offer significant protections to the nearly 900,000 Floridians who hold medical marijuana cards.

Florida’s Medical Marijuana Landscape

Florida voters approved medical marijuana as a constitutional amendment in 2016. Since then, the state has witnessed a steady increase in the number of medical marijuana users, with 895,469 Floridians holding an active marijuana card, according to the Office of Medical Marijuana Use. This growing trend reflects the broader acceptance of medical cannabis, as it is now legal in 38 states. However, in Florida, employees with medical marijuana prescriptions are still at risk of losing their jobs due to the state’s lack of specific laws regarding marijuana use outside of work.

Florida House chamber session

Rosenwald’s bill addresses this gap. By protecting medical marijuana users from discrimination in the workplace, it would align Florida with 24 other states that offer similar employee protections. Yet, it’s clear that the bill will face challenges ahead. Last year, a similar bill filed by Senator Tina Polsky in the Florida Senate died in the Health Policy Committee. Despite this setback, Rosenwald is hopeful that the renewed push will garner the support needed to pass this legislation.

Key Provisions of HB 83:

  • Protects employees with valid medical marijuana prescriptions from being fired, suspended, or demoted for offsite use.
  • Allows employees to present their medical marijuana card within five days of a positive drug test.
  • Grants employees or applicants facing punishment the right to pursue civil action for reinstatement, back pay, and other remedies.

Legal Precedents and Challenges

Florida’s medical marijuana law has already seen its fair share of legal challenges. One notable case involved Samuel E. Velez Ortiz, a Florida Department of Corrections officer who was fired in 2021 after testing positive for marijuana. Velez Ortiz, a military veteran prescribed marijuana for PTSD, was deemed unqualified to carry a firearm—a requirement for his job. The Florida Public Employees Relation Commission ruled that federal laws, which classify marijuana as a Schedule I controlled substance, made him unfit for duty.

In January 2024, the Florida Supreme Court declined to hear an appeal on the case, upholding the decision to fire Velez Ortiz. This ruling has sparked debate over whether medical marijuana users should be protected in workplaces, especially in roles that require federal compliance, such as law enforcement and other public safety positions.

In a different case, the legal landscape shifted when a Hillsborough County judge ruled in favor of a paramedic, Angelo Giambrone, who had tested positive for marijuana. The judge found that Giambrone, a valid medical marijuana cardholder, should not face discrimination for using his prescribed medicine and was entitled to back pay and compensatory damages. This decision could set a legal precedent for similar cases moving forward, especially if Rosenwald’s bill gains traction.

The Political Landscape and Implications

While HB 83 offers new hope for medical marijuana users, its passage is not guaranteed. Rosenwald, who begins his first term as a state representative, brings a fresh perspective to the table. Before his time in the state legislature, he served as commissioner, vice mayor, and mayor of Oakland Park, giving him a deep understanding of local politics and the needs of his constituents.

Medical marijuana is a contentious issue in Florida, where recent attempts to legalize recreational marijuana failed to gain the necessary 60% voter approval in 2024. With the state’s political divide on issues like marijuana legalization, the proposed bill’s fate will largely depend on whether it can garner bipartisan support. Rosenwald’s push may find support from progressive lawmakers but could face resistance from those who oppose expanded marijuana use or who see potential legal challenges with federal drug laws.

As the debate continues, it’s clear that the legal and political battles surrounding medical marijuana will remain at the forefront of state politics in Florida. If passed, HB 83 would represent a significant victory for public employees who depend on medical marijuana for health reasons.

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