Can You Get A Job With A Medical Card In Florida 2024?

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There is no definite answer to it as whether you’ll be getting a job in Florida with a Medical Marijuana Card depends upon the kind of job you’re applying to. Along with the fact that whether or not your employer is okay with you consuming Medical Marijuana. But hey, it’s 2024 and what we know about Florida, having a Medical Marijuana card won’t come your way to land a job within the state.

Medical Marijuana Legislation in Florida

It was the year 2014 when Florida first accepted the usage of Medical Marijuana for cancer and terminally ill patients without any penalty. The qualifying conditions according to the Compassionate Medical Cannabis Act of 2014 were quite strict and restricted. This led to the Florida Right to Medical Marijuana Initiative (Amendment 2) becoming a part of Florida’s constitution in the year 2017.

According to the amendment, a ‘person diagnosed with a debilitating medical condition’ will be qualified to use Medical Marijuana if prescribed by a physician taking the physical and mental well-being of the patient.

Medical Marijuana Employee Protection Act in Florida

According to the Public Employee Protection Act in Florida, the employer is prohibited from taking any sort of personal action against an employee or job applicant if they are a registered Medical Marijuana user. If failing to do so, this can lead to legal actions taken against the employer.

The employer is also instructed to respect the legal and moral rights of such employees and job applicants. Each employee has the right to provide written notice in case of a positive Medical Marijuana result, under the protection of a state-issued Medical Marijuana Card.

Private Vs. Public Employers

Public employers are more regulated by the state which eventually leads to public employees getting more benefits and security than private employees. If you go through the Florida Medical Marijuana Bill, you’ll come to know that the bill provides public employees slightly more benefits than private employees. Here are some interesting things to note.

The state of Florida doesn’t allow employees to sue their employers for wrongful discharge or discrimination due to Medical Marijuana usage. However, the employee can take legal actions through the FMLA or the Workplace discrimination act as mentioned within the state law.

Why Do Employers Conduct Drug Testing?

The main reason behind it is to identify any potential drug abusers within the workforce leading to severely impacting the workplace environment if not taken care of in time. These drug tests usually revolve around the detection of substances like Marijuana, Cocaine, heroin, ecstasy, etc. The test ensures that any substance abusers get highlighted in the process and further actions can be taken.

In most of the states, the pre-enrolment drug test is a must for employers ensuring the safety of their employees and companies. If you have a valid Medical Marijuana Card, you may get an exemption from the test as you’ll be protected by the state Marijuana program.

How Can You Find Out If A Company Is Planning On Drug Testing?

Check the job listing

If a company is planning on a drug test, chances are that it will be a pre-enrolment test. To be sure about it, thoroughly check the job listing as companies do often mention the requirement of passing a pre-enrolment drug test if you’re successful in your final interview stages.

Example: https://www.indeed.com/q-medical-marijuana-card-friendly-jobs.html

Ask an employee

But what if you’re already an employee and want to know whether a drug test is coming up or not? Well in that case, the best way to be sure is to confirm with your fellow employees. Surely one of them would have heard something about the upcoming drug test.

Search job websites

If you’re in the ‘job search’ stage, you can search on job websites to check if the company asks for a pre-enrollment drug test or not. There are job search sites that will allow you to filter out such jobs if you prefer to not take a pre-enrolment drug test.

Ask during the interview

At the conclusive stages of your job interview, you can ask your interviewer about the pre-enrolment drug test or the company’s general drug test policy for its employees. If you have a valid Medical Marijuana Card in possession, it will be wise to mention it during the interview.

Do You Have Any Rights to Refuse a Drug Test?

You have the right to refuse a drug test if it feels like an invasion of your privacy. But that doesn’t mean that it will stop the employer from firing you or taking some actions against you. The law provides your employer the right to implement the drug regulatory policy within your office space if there are solid reasons/grounds to do so.

If you fail to comply with the imposed policy, you can be fired and won’t be able to take legal action against the employer to do so. Similarly, if you refuse to take a pre-enrolment drug test, the employer has every right to not consider and discard your application.

When Can an Employer Make You Take a Drug Test?

There is no set limit as to when and how your employer must arrange an employee’s drug test. In most cases, the employer is permitted to conduct a drug test with the consent of employees on the basis of strong grounds or any accident that may have caused suspicions in the workspace.

In such a case, the employees must comply with the drug regulatory policy, and failing to do so may make the employer let you go. On the basis of such grounds, the employer has every right and authority to regulate the drug policy within office space.

Getting a Job While Being a Medical Marijuana Cardholder

If you have a valid Florida State Medical Marijuana Card, you have every right to apply for jobs you qualify for. The state provides you immunity and protection to work in office space, especially if you’re working under a public employer. All that is left to do is search for the right job and discuss everything with your potential employer in detail beforehand.

 

Read More: Can You Get A Government Job With A Medical Card?

FAQ’s

Is it possible to be terminated for possessing a medical marijuana card in Florida?

No, you can’t be terminated for possessing a Medical Marijuana Card if your employer knew about it from the start. The state-issued Medical Marijuana Card provides you immunity.

What types of jobs are typically available for medical card holders in Florida?

Cashier, Dispensary Agent, Delivery Driver, Budtender, Security guard, Dispensary Manager, etc.

Are there any limitations or restrictions on employment with a medical card in Florida?

There can be some restrictions on employment depending on the job you’re seeking as a Medical Marijuana Card holder in Florida. This is something you have to search on your own before applying for a particular type of employment.