On November 8, 2016, Florida voters approved the medical use of marijuana for individuals with certain debilitating medical conditions. The effective date was January 3, 2017. However, to date, Florida has done nothing to address how employers are to treat employees who will be prescribed marijuana for their disabilities.
One of the unanswered questions for Florida employers is whether off-site use of medical marijuana is considered a reasonable accommodation for a disability. Some other state courts have held that employers have no affirmative duty to accommodate employees who use medical marijuana––relying on their drug-free workplace policy and federal law criminalizing marijuana use. However, the Massachusetts Supreme Judicial Court in Barbuto v. Advantage Sales and Marketing recently ruled the other way. Continue Reading