Florida legislation · 2026 Regular Session
Florida S136: Protections for Public Employees who use Medical Marijuana as Qualified Patients
Status: Failed, March 13, 2026
Prohibiting a public employer from taking adverse personnel action against an employee or a job applicant for his or her use of medical marijuana if the employee or job applicant is a qualified patient; providing exceptions; requiring a public employer to provide, within a specified timeframe, written notice of an employee's or a job applicant's right to explain or contest a positive marijuana test result, etc.
What the bill says
An act relating to protections for public employees who use medical marijuana as qualified patients; creating s. 112.0556, F.S.; defining terms; prohibiting a public employer from taking adverse personnel action against an employee or a job applicant for his or her use of medical marijuana if the employee or job applicant is a qualified patient; providing exceptions; requiring a public employer to provide, within a specified timeframe, written notice of an employeeâs or a job applicantâs right to explain or contest a positive marijuana test result…
From the introduced text, October 8, 2025:
A bill to be entitled An act relating to protections for public employees who use medical marijuana as qualified patients; creating s. 112.0556, F.S.; defining terms; prohibiting a public employer from taking adverse personnel action against an employee or a job applicant for his or her use of medical marijuana if the employee or job applicant is a qualified patient; providing exceptions; requiring a public employer to provide, within a specified timeframe, written notice of an employeeâs or a job applicantâs right to explain or contest a positive marijuana test result; providing procedures that apply when an employee or a job applicant tests positive for marijuana; providing a cause of action and damages; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.âSection 112.0556, Florida Statutes, is created to read: 112.0556âMedical Marijuana Public Employee Protection Act.â (1)âAs used in this section, the term: (a)ââAdverse personnel actionâ means the refusal to hire or employ a qualified patient; the discharge, suspension, transfer, or demotion of a qualified patient; the mandatory retirement of a qualified patient; or the discrimination against a qualified patient with respect to compensation, terms, conditions, or privileges of employment. (b)ââJob applicantâ means a person who has applied for a position with a public employer and has been offered employment conditioned …