Civil RightsCriminal JusticeFL Legislature 2026 HealthPolitics & LawThe Phoenix FlyerBill would protect public employees who use medical marijuana

OG Article By Mitch Perry

October 10 2025

Public Employee Protections

Sen. Tina Polsky (D-Broward) filed SB 136.Protects public employees who are qualified medical cannabis patients.Prohibits adverse actions against employees or job applicants for medical cannabis use.Exceptions: If cannabis impairs job performance.

Drug Testing Policy

Employers with drug testing policies must:

• Notify employees/applicants of positive THC tests within five days.

• Allow explanation or contest of results.

Legislative History

Polsky’s prior bills covered all medical cannabis patients.None passed in GOP-controlled Legislature.SB 136 focuses only on public employees.

National Context

Medical cannabis legal in 38 states.Half have anti-discrimination laws for patients.Few require workplace accommodations, per NCSL.Florida has 895,469 qualified patients, per Office of Medical Marijuana Use.

Parental Rights Protection

Polsky filed SB 130.Prohibits courts from denying parental rights based solely on medical cannabis patient status.Bars presumptions of neglect or endangerment due to patient status.