As far as employers are concerned, Amendment 2 specifically states that nothing in the section shall require an accommodation of any on-site medical use of marijuana in any place of employment, or of smoking medical marijuana in any public places. Senate Bill 8-A further amends Florida Statute §381.986 to provide:
Furthermore, Senate Bill 8-A states that “medical use” does not include the use or administration of marijuana in “a qualified patient’s place of employment, except when permitted by his or her employer”. Therefore, Florida employers may prohibit employees from smoking or consuming medical marijuana in the workplace or working under the influence of marijuana. However, Senate Bill 8-A does not address how employers should treat an employee’s off-duty use of medical marijuana, provided that the employee is not under the influence during work hours. As with most new laws, litigation is inevitable, and the court decisions will likely provide guidance on this and other issues affecting employers.