A Florida senator has filed a pair of bills for the 2026 legislative session that would provide employment and parental rights protections for registered medical marijuana patients.
The legislation, introduced by Sen. Tina Scott Polsky (D) on Wednesday, would build upon the state’s existing medical cannabis laws as advocates again attempt to pass adult-use legalization at the ballot next year.
One of the new measures, SB 136, would prohibit public employers from taking adverse actions against workers or job applicants over the use of medical cannabis in compliance with state law—or as a result of a positive THC test—if they demonstrate that they’re lawfully registered as a medical marijuana patient.
There’s an exemption built into the legislation, stipulating that adverse personnel actions can be taken if there’s “a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee’s ability to perform his or her job duties or responsibilities.”
The bill also states that, if an employer mandates drug testing and a worker or job applicant tests positive for THC, that employer must given written notice within five days about their right to explain the circumstances behind their positive test. The worker or applicant could then
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