One of the questions that we get a lot at Tetra Health Centers is whether or not an employer can fire you for using marijuana under the legal laws of Florida. The simple answer is “yes, they can,”but it is a bit more complicated than that.
The debate about whether or not an employer can fire someone for using medical marijuana under the laws of the state have been ongoing since California first legalized marijuana for medical use. So far, every case that has gone to court has been in favor of the employer. Employees are not protected by their state’s medical marijuana laws.
The reason that most courts are likely to come down on the side of the employer is that medical marijuana is still federally illegal, and therefore not a prescription drug. This means that it is not protected under the Americans with Disabilities Act (ADA). If your employer has a drug-free workplace policy and you violate it, you can be fired.