A Florida lawmaker recently introduced a bill to improve employment protections. This bill is the Protections for Public Employees Who Use Medical Marijuana as Qualified Patients (SB 166). 

It would protect medical marijuana users from adverse employment-related actions. In addition, it would create a structure when testing public employees for marijuana usage. State Senator Tina Scott Polsky pre-filed SB 166 to protect qualified medical marijuana patients from adverse personnel actions.

SB 166 Effects

However, SB 166 only applies to public employers and not to workers and applicants for private employers. It also provides carve-outs for law enforcement agencies. These carve-outs allow the agencies to maintain policies that prohibit medical marijuana usage. Furthermore, SB 166 provides exceptions allowing employers to take adverse action under qualifying circumstances. 

Employers must “[establish] a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee’s ability to perform his or her job duties or responsibilities.” According to the bill, employers may consider individuals impaired if they display specific articulable symptoms. However, these symptoms must adversely impact the individual’s performance of duties or responsibilities. 

Bill Requirements

SB 166 also requires employers to make reasonable accommodations for medical marijuana users. However, the bill also included an exception for specific circumstances. It states that an employer must “demonstrate that the accommodation would pose a threat of harm or danger to persons or property, impose an undue hardship on the employer, or prevent an employee from fulfilling his or her job responsibilities.”

Furthermore, the bill addressed concerns for employers with drug testing policies. It requires them to provide a written notice to applicants or employees whose tests received positive results. According to SB 166, employers must inform them of their right to request a confirmation test. Otherwise, they must ensure the individuals understand they can submit information to contest or explain the results. Individuals may provide a physician certification for medical marijuana or a registry identification card as a part of such an explanation.

Finally, SB 166 would give employees or applicants the right to institute a civil action to request relief from the courts. It would allow a judge to issue an injunction against employer policies that violate the legislation. This ability also extends to reinstating fired employees to the same or equivalent position with all fringe benefits and seniority rights and ordering back pay and other compensation. 

Should relevant Senate committees approve SB 166, it would affect only public employers. However, private employers should consider reviewing their policies concerning marijuana drug testing, too. Preparing to comply with future marijuana-related employment laws will ensure employers avoid unexpected legal challenges.

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]]> https://www.jdp.com/blog/marijuana-users-see-new-employment-protections-in-d-c/ Thu, 20 Jul 2023 12:19:32 +0000 https://www.pre-employ.com/?p=16861 Marijuana Users See New Employment Protections In D.C. July 20, 2023 Washington, D.C., will soon see new rules that protect employees who use marijuana. Interested marijuana users will find these rules in the Cannabis Employment Protections Act. Though passed last year, it will take effect on July 13, 2023. These regulations ban employers from refusing […]

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]]> Marijuana Users See New Employment Protections In D.C.

July 20, 2023

Washington, D.C., will soon see new rules that protect employees who use marijuana. Interested marijuana users will find these rules in the Cannabis Employment Protections Act. Though passed last year, it will take effect on July 13, 2023.

These regulations ban employers from refusing to hire applicants based on specific marijuana-related causes. In addition, employers cannot take adverse action or terminate employees for these reasons. Examples of marijuana-related causes include the following:

• Using marijuana-related products
• Being a medical marijuana user
• Testing positive for marijuana unless there are other indications of impairment

Once these regulations take effect, an employer must prove that you had symptoms of impairment while working. This requirement is in addition to testing positive for marijuana. However, employers will find it challenging to prove impairment. According to the Act, they must prove that you demonstrated “specific and articulable” symptoms of impairment. These signs must appear during your job duties or work hours.

Additionally, the symptoms must “substantially decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, or such specific articulable symptoms interfere with an employer’s obligation to provide a safe and healthy workplace as required by District or federal occupational safety and health law.” 

However, employees must know that only medical marijuana users can use marijuana while working. As a result, employers may require a drug test due to workplace accidents or suspicions of impairment. They may also require drug tests and take adverse action when required by funding agreements, federal law, or contracts. The Act also encompasses safety-sensitive positions, such as working with heavy machinery.

According to the Act, jobs that could cause immediate severe bodily injury or loss of life while under the influence count as safety-sensitive positions. Working under the influence of marijuana is grounds for your employer to take adverse action. Your employer may take adverse action for the following: consuming, possessing, storing, delivering, transferring, displaying, transporting, selling, buying, or growing cannabis at your workplace, while working for your employer, or during work hours.

Despite these restrictions, the Cannabis Employment Protections Act significantly protects marijuana users. Job applicants who use marijuana should consider running a self-background check. This check would inform them about existing offenses, which they could expunge through the courts. It also gives an idea about whether these convictions can appear on employer-run background checks.

Discover more about our reliable and secure self-background checks by clicking here. Get started today.

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