Florida
Information provided is current as of August 9, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Medical marijuana cardholders can possess up to 2.5 ounces of marijuana in a form for smoking, but the limits for other forms, such as edibles, vapes, and tinctures, are based on THC content and are calculated as a daily and 70-day supply.
Public consumption and possession in vehicles remain strictly prohibited.
State Regulatory Agency Information
State Testing Policy
Employers can conduct pre-employment, random, reasonable suspicion, and post-accident drug testing, but requires written policies, employee notice, and specific procedures, while protecting employees using lawfully prescribed medications, including medical marijuana. Remember, establishing robust documentation is a key risk mitigant for employers in states like the Florida.
Florida defines safety-sensitive positions as those where drug impairment could immediately endanger public health or safety, such as law enforcement, emergency services, and transportation roles.
Florida law strictly protects drug test results from public disclosure, allowing their use only for internal employment decisions or under specific legal exceptions.