The Florida Medical Marijuana Discrimination Guide was created by Serrano | McGuire to help residents who have been affected obtain maximum compensation for their claim.
With Offices in Tallahassee and Wesley Chapel
Do you use medical marijuana? Does it help you function on a day-to-day basis? Do you experience discrimination in the workplace because you use medical marijuana? You may be entitled to an employment law claim. There are proposed laws and bills in Florida aimed at protecting users of medical marijuana in the workplace from being discriminated against. Please don’t hesitate to reach out to us as soon as you possibly can. Our Florida medical marijuana discrimination lawyers want to help you get the justice you deserve and protect your rights.
Am I Protected Against Discrimination if I Use Medical Marijuana?
With medical marijuana now legalized, it has become an enormous industry in the United States. The statistics currently show that the usage of medical marijuana is far greater than the usage of recreational cannabis in all of the 33 of the US states in which it was made legal, including DC. Federally, marijuana remains illegal under most circumstances but, medically, THC and cannabidiol are approved by the FDA for treatment, if it is prescribed by a doctor.
In Florida, the law allows the use of medical marijuana as a treatment but it does not allow recreational use yet.
Despite the legalization of medical marijuana prescribed by a doctor, a lot of employers have punished or fired employees who have used marijuana in a medicinal way. If this describes what you were going through, our Florida medical marijuana discrimination lawyers want to talk to you about your rights. You are protected from being discriminated against in Florida and, while the law doesn’t clearly state medical marijuana as a disability protected under the law, there is a bill that is going through the Senate to change legislation in Florida to protect you.
How Multiple Proposed Bills in Florida Could Protect You
A bill in Florida is going through the Senate that would give several lawsuits filed in the state ground to stand on. There have been lawsuits filed in Florida by employees who were fired based on their usage of cannabis. The plaintiffs in these lawsuits, as well as the lawmakers in Florida, claim that the basis onwhich their termination was made is unjust since their medical marijuana was prescribed by their doctors. The law currently lacks protection for disabilities treated by medical marijuana. It would allow victims of this type of discrimination to bring a lawsuit supported by the law.
In the United States today, states including Arizona, Maine and Minnesota all have laws in place to protect people from being discriminated against based on the usage of medical marijuana. The bill proposed in Florida would make it unlawful for employers to fire, demote, or discriminate against any of their employees or potential employees based on their usage of medical marijuana if they carry a card. That means that testing positive for cannabis would not allow them to be thrown out as a candidate if they carry a card for medical marijuana. It would allow for the employer to ask the employee to present the card if they tested positive in a drug test. This action would protect the employee if they were to be fired or discriminated against based on the fact that they had cannabis in their system.
Our Florida medical marijuana discrimination lawyers want to talk to you if you were fired, discriminated against, or possibly not hired for a job based on your usage of medical marijuana. The laws that are being proposed would prevent your employer from asking you about your usage of medical marijuana as it would with any other disabilities that are protected under the law right now.
Please understand that this law does not protect recreational use of cannabis while at work. If you are fired due to recreational use of cannabis, this bill would not protect you in a discrimination claim.
Please also understand that if your use of medical marijuana would get in the way of your safety in a particular workplace, that, too, would not be protected under this proposed law. Examples of this are if you are trying to get a job as a firefighter, operating heavy machinery, caring for children or anything that needs sobriety in order to maintain safety standards. Those are exceptions that would not protect you under this proposed law.
Available Legal Protection If You’re Fired for Medical Marijuana Use
We had a client in the Tallahassee area call us recently about the fact that he was fired for what he believed was his medical marijuana usage. He asked us if he had a case. It depends. It’s very fact intensive, and this is a developing area of the law.
We’ve been practicing in disability discrimination cases for many years. The question as to whether medical marijuana usage falls into disability discrimination in the context of being fired is definitely an area that needs to be investigated. If you feel that you have been wrongfully terminated as a result of lawfully prescribed marijuana, give us a call at our Tallahassee office.
Informing Your Employer About Your Medical Marijuana Use
We had a client who called us in Tampa, and he asked a great question: Do I have to notify my employer of the fact that I have a medical marijuana card? I told him yes. Just like anything, you want to be candid. What the employer decides to do you don’t have control over. It certainly is going to behoove you to let the employer know as soon as possible, even if that means at the interview stage.
How they’re going to handle it is going to be up to them. How you handle it and what you’re in control of you need to deal with in a credible manner. If you don’t tell them that you have it and circumstances come up where you have to drive a vehicle and you can’t drive it because you’re on medical marijuana, it could become an issue. You need to let your employer know as soon as possible. Give us a call if you have any questions regarding your medical marijuana disability discrimination case.
Choosing The Right Medical Marijuana Discrimination Lawyer
We had a client ask us in Tampa recently how to choose the right attorney to handle a medical marijuana discrimination case. The answer to that falls in the same area as it does for any case. You need someone that’s going to communicate with you. It starts at the initial consultation. You want to lawyer to address adequately the questions you have and present you with an evaluation of your claim.
It’s almost impossible to fully evaluate your case at the initial consultation. With regard to these types of cases (discrimination based on disability because of medical marijuana usage), this is a developing area of law. You need an attorney that’s going to communicate well with you and that handles disability discrimination cases. Give us a call at our Tampa-Wesley Chapel offices.
Failing a Company Drug Test as a Medical Marijuana User
We had an interesting case develop in Tampa. The gentleman had worked at a facility and his employer, who knew that he had a medical marijuana card, basically told him that he was subjected to a federally mandated randomized drug test. It turned out, according to the client, that he had been told he would not be subjected to this testing. Lo and behold, he goes and takes the test and it obviously turns out positive. His question to us was whether he had a case or not. The answer is it depends. This is a developing area of the law. At this point, if you need a consultation with regard to this specific issue, do not hesitate to call us. We’re experienced lawyers, and we’re licensed to practice throughout all the federal districts in the state of Florida and in state court.
Reasonable Accommodations for Medical Marijuana
Medical marijuana usage is a relatively new development in the world and in the state of Florida. We got a call recently in Tallahassee from a client who asked a very poignant question: What would be considered a reasonable accommodation under the ADA (Americans with Disabilities Act) as it pertains to medical marijuana usage? The client had a history of chronic back problems and was prescribed medical marijuana.
He presented his medical marijuana card at his interview and, shortly thereafter, asked for an accommodation. What constitutes an accommodation and whether or not the employer needs to accommodate you is a question that’s going to be based on the particular setting of facts. If you have questions about your case regarding medical marijuana and you’ve been fired or an employer is not accommodating your usage of medical marijuana, give us a call. We’re experienced in this area of the law.
Fired For Medical Marijuana Use
We have a client in the Wesley Chapel area who was recently fired. He believes he was fired because of his usage of medical marijuana. He has a medical marijuana card, and he was fired from his place of employment. He asked us what he could do. We told him to talk to lawyer like us who handle disability discrimination cases.
The particular client in this case had a history of chronic back problems. That’s why he was prescribed the medical marijuana. The issue the lawyer had to analyze was whether or not the firing or the termination related to discrimination based on disability. It’s very fact intensive, and you need someone who handles those types of cases to evaluate it. Give us a call in our Tampa office if you have been fired as a result of taking medical marijuana.
Call Our Florida Medical Marijuana Discrimination Lawyers Today
Our Florida medical marijuana discrimination lawyers want to help you with your employment claims. We have experience handling litigation like this with successful results. If you feel you are being discriminated against based on your usage of medical marijuana, please reach out to us as soon as possible so we can look at the details of your case and give you the best guidance on the legal action you should be taking in this instance. Don’t hesitate to reach out to us. We work on a contingency fee basis which means you don’t have to pay a cent unless we win your case for you.
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