In November 2016, Florida voters legalized the use of medical marijuana for individuals with certain “debilitating medical conditions,” such as HIV or AIDS, PTSD and cancer, via their vote to approve Amendment 2 to the state constitution. However, marijuana, medicinal or otherwise, continues to be classified as a Schedule 1 controlled substance under federal law, i.e., an illegal substance. This dichotomy leaves Florida employers in a grey area with respect to creation of workplace policies surrounding use of medical marijuana.

Prior to Amendment 2, some employers adopted Florida’s Drug-Free Workplace Program under Fla. Stat. 440.102—which allows employers to receive discounts on its workers’ compensation premiums—while others adopted their own version of a drug free policy prohibiting employees from reporting to work under the influence of alcohol, illegal drugs or substances and also prohibiting the consumption of alcoholic beverages or illegal drugs on company premises or while performing company business.