Proponents of Florida’s Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?

Executive Summary: If voters approve the ballot initiative “Use of Marijuana for Certain Medical Conditions” (“Amendment 2”) this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana.[1] Amendment 2 would amend the Florida Constitution to allow the medical use of marijuana for individuals with certain debilitating conditions as determined by a physician. The proposed amendment gives little insight into its potential effect on employer policies, and, if approved, the implementing regulations will not be available until July of 2015. However, with more and more states legalizing some form of medical marijuana, employers should be proactive in assessing their workplace policies and drug testing programs for compliance, especially when operating in more than one jurisdiction.