Some states have legalized pot for medicinal purposes—however, realize that using marijuana is still illegal under federal law. Most states do not offer medical marijuana users any sort of employment law protection in the workplace.
Employers can choose to offer medical marijuana users a range of accommodations, such as a leave of absence or modified job duties, but do not have to.
In states where it is illegal, treat it as such. But in states where medical marijuana is legal, an employer may choose to accommodate a worker who uses pot for medical reasons; and prohibiting smoking is still enforced.
In Florida, recent laws have been passed that now allow for the medical consumption of the actual flower, which means smoking pot will be medicinal as well.
Contact your employment law attorney for more information regarding what you must provide as an employer and how to deal with employees who may use medical marijuana. For a recommendation to one, contact us.
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