Q: Working for a company and having Medical marijuana

Is it illegal for an employer to refuse to hire someone due to smoking marijuana even if they have a medical marijuana card? The company is saying they have a strict "drug free policy" and cannot excuse marijuana from the drug screening even if a medical card is provided. The type of job being applied for is sanitation, cleaning the large machines for an egg processing company. The only equipment that would be operated by the sanitation crew for the cleaning process is a water hose, pressure washer, pallet Jack, air hose and regular cleaning supplies such as steel wool, scrub brushes, mops, brooms, bleach, etc.

1 Lawyer Answer
Richard Paul Zaretsky
Richard Paul Zaretsky
  • West Palm Beach, FL
  • Licensed in Florida

A: The employer is entitled to set requirements for the job. If qualifying in a drug free environment is one of the requirements, then you right (in Florida) to use medical marijuana does not exempt you from that requirement. For example, the employer can require that no person working can take cold medicine, as it says on the label that it can cause drowsiness. What makes marijuana different?

Bruce Alexander Minnick agrees with this answer

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