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  1. #1

    Default Termination Due to Medical Marajuana Use

    My question involves labor and employment law for the state of: Florida

    I was terminated from a local government after 18 years for testing positive for THC during a random drug test. I have had no prior issues throughout my employment history. I have a medical marijuana card, which is legal in the state of FL, for back pain after opioid use, back surgery, epidurals, and acupuncture, and I did not use marijuana at work.

    Do I have a good case to fight for a lesser disciplinary action than termination since this is my first offense after 18 years and I had no other problems in my record? Also, everyone at work said it is policy, but they wanted to keep me. Can I apply for my old job once it is posted? I have not used marijuana in over 30 days, so I should pass any pre-employment drug test.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Termination Due to Medical Marajuana Use

    If you are looking for a means by which you can force your employer to overturn your termination, there isn't one. There is no law that will stop you from requesting a lesser disciplinary action and there is no law stopping you from applying for your old job. But there is no law requiring your employer to take any notice of your attempts, either.

  3. #3
    Join Date
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    19,047

    Default Re: Termination Due to Medical Marajuana Use

    Axtually, I'd take this to an employment/disability specialist. A lot depends on your job duties and whether you requested an accommodation for this.

  4. #4
    Join Date
    Nov 2013
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    Default Re: Termination Due to Medical Marajuana Use

    Quote Quoting cbg
    View Post
    If you are looking for a means by which you can force your employer to overturn your termination, there isn't one. There is no law that will stop you from requesting a lesser disciplinary action and there is no law stopping you from applying for your old job. But there is no law requiring your employer to take any notice of your attempts, either.
    You may have missed the distinction between working for a private employer and working for the government. You are probably correct in the private sector if the employer has a written policy on the use of medical marijuana.

    But in public sector employment in FL, the employer must have reasonable suspicion as to the use of controlled substances to ask for a urine test. Without a reasonable suspicion of use it violates the employee's constitutional protection.

    One of many cases:


    OP should consult an employee attorney in FL to find out if her rights have been violated.

  5. #5
    Join Date
    Jan 2006
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    38,646

    Default Re: Termination Due to Medical Marajuana Use

    Florida law does not mandate an employer allow the use of mmj at their place of employment. Whether you actively administered it while at work or was simply under the influence of the mj while at work doesn’t change the fact you were technically using it while at work. It’s just like with alcohol. Just because you didn’t consume it while at work doesn’t make it legal to be in your system. It is still considered to be “use”.


    1
    381.986 Medical use of marijuana.—
    j) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include:



    5. Use or administration of marijuana in the following locations:a. On any form of public transportation, except for low-THC cannabis.
    b. In any public place, except for low-THC cannabis.
    c. In a qualified patient’s place of employment, except when permitted by his or her employer.


    I don’t see anything to be gained based on an accommodation. Unless there is some state level accommodation possible, marijuana is still not legal under federal law so I don’t see where an accommodation would be available.

    I see nothing that would require the employer to revisit the termination and I see nothing thst would prohibit them from barring you from future employment due to the illegal drug use.

    Edit:

    given the op states they were subjected to a random test,,based on budwads citation it would appear simple random tests are problematic. The op might have a basis to object to the termination based in that


    of course, the fact the op holds a mmj card and admits to using mj, it can allow for a case of Reasonable suspicion to be made a ,lot easier in the future. It doesn’t take much to determine reasonable suspicion.





  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Termination Due to Medical Marajuana Use

    You're right, Bud - I did miss that it was public sector. Mea culpa.

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