Fort Myers – If you’re legally using medical marijuana in Florida, you won’t be arrested but you could be fired by your employer.
There is a real gray area that many employers are concerned about and employment attorneys are warning employers not to over-react.
Kynse Leigh Agles own and runs a REMAX in downtown Fort Myers. She’s looking to hire more Realtors and is willing to hire someone medically using marijuana.
Because if a doctor has written them a prescription, they have a good reason to have marijuana in their system, Agles said.
Legally, Agles could fire any employee caught using marijuana medically.
I think it will just take Florida a little bit more time for it to be more mainstream, Agles said.
Some employees in Southwest Florida were unaware they could be fired if they use marijuana prescribed by a doctor.
I really think that is unfair if someone does have a medical marijuana card. I think it’s OK as long as it’s not impairing their judgment, said Andrea Prather of Fort Myers.
Employment Attorney Christina Harris Schwinn with the Pavese Law Firm is urging employers not to take a knee-jerk reaction to anyone using marijuana medically.
If the employee has been given notice of and it states in that policy that if you test positive for marijuana, then you can be fired, said Schwinn.
If legislators add marijuana to the list of drugs to accommodate a disability, then firing someone for medical marijuana won’t be an option.
As long as they can competently do their job, it shouldn’t affect whether or not they should be fired, said Attorney Scot Goldberg.
Prather said she has a simple solution.
Personally, I think marijuana should be legalized. I think that would eliminate all of the controversy, Prather said.
The legal trouble for companies is determining when the employee used marijuana.
THC the chemical found in pot can stay in your body for more than a month.
There’s no science to determine how recently it was used, which is why legislators will likely add pot to the anti-discrimination law.
Get More: Medical marijuana in the workplace
Only Arizona, Delaware and Minnesota have laws protecting those who test positive and have medical authorization.
No state has laws saying that employers have to accommodate the use of medical marijuana in the workplace.
So far, several courts have rules against medical marijuana users who claim their use of the drug is protected under the Americans with Disabilities Act.
The courts said since marijuana is still considered illegal by the federal government, its use is not protected.
Urine tests used by employers only detect whether marijuana has been used, not whether the employee is impaired.
Marijuana can stay in your body for more than a month but tests can’t tell how recently it was used.
Most patients in Florida would only qualify for low THC marijuana, so they wouldn’t get the high that might cause safety concerns.
Patients with terminal conditions, however, would have access to full-strength marijuana.
News Moderator: Katelyn Baker
Full Article: Medical Marijuana A Gray Area For Employers
Author: Staff
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Website: ABC 7
