YES. Florida law preserves the employers’ right to “establish, continue, or enforce a drug-free policy” which includes testing for marijuana use. It is up to each employer whether or not to enforce or maintain a no-marijuana workplace. Florida employers do not need to accommodate patients receiving, possessing or working under the influence of medical marijuana. Employees who test positive are therefore not protected as they are obligated to follow the employer’s rules for using drugs at work or having marijuana in their system.
For more information, read our related article “The 411 on the Florida Marijuana Card“.