Senate Bill 136 (2026) — Protections for public employees who use medical marijuana as qualified patients
SB 136
Florida Bills
Florida Senate - 2026 SB 136 By Senator Polsky 30-00103-26 2026136__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to protections for public employees 2 who use medical marijuana as qualified patients; 3 creating s. 112.0556, F.S.; defining terms; 4 prohibiting a public employer from taking adverse 5 personnel action against an employee or a job 6 applicant for his or her use of medical marijuana if 7 the employee or job applicant is a qualified patient; 8 providing exceptions; requiring a public employer to 9 provide, within a specified timeframe, written notice 10 of an employee’s or a job applicant’s right to explain 11 or contest a positive marijuana test result; providing 12 procedures that apply when an employee or a job 13 applicant tests positive for marijuana; providing a 14 cause of action and damages; providing construction; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19
Section
Section 112.0556, Florida Statutes, is created 20 to read: 21 112.0556 Medical Marijuana Public Employee Protection Act.— 22
(1) As used in this section, the term: 23 (a) “Adverse personnel action” means the refusal to hire or 24 employ a qualified patient; the discharge, suspension, transfer, 25 or demotion of a qualified patient; the mandatory retirement of 26 a qualified patient; or the discrimination against a qualified 27 patient with respect to compensation, terms, conditions, or 28 privileges of employment. 29
Florida Senate - 2026 SB 136 30-00103-26 2026136__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. (b) “Job applicant” means a person who has applied for a 30 position with a public employer and has been offered employment 31 conditioned upon his or her passing a drug test. 32 (c) “Law enforcement agency” has the same meaning as in s. 33 908.102. 34 (d) “Physician certification” has the same meaning as in s. 35 381.986. 36 (e) “Public employee” or “employee” means an employee of a 37 public employer. 38 (f) “Public employer” or “employer” means a state, 39 regional, county, local, or municipal governmental entity, 40 whether executive, judicial, or legislative; an official, an 41 officer, a department, a division, a bureau, a commission, an 42 authority, or a political subdivision of such entity; or a 43 public school, a Florida College System institution, or a state 44 university, any of which employs individuals for salary, wages, 45 or other remuneration. 46 (g) “Qualified patient” has the same meaning as in s. 47 381.986. 48 (h) “Undue hardship” means an action requiring significant 49 difficulty or expense, when considered in light of all of the 50 following factors: 51 1.
The nature, cost, and duration of the accommodation. 52 2. The overall financial resources of the public employer. 53 3. The overall size of the business of the public employer 54 with respect to the number of employees and the number, type, 55 and location of the public employer’s facilities. 56 4. The effect on expenses and resources or any other 57 impacts of such accommodation upon the operation of the public 58
Florida Senate - 2026 SB 136 30-00103-26 2026136__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. employer. 59 (2)(
a) Except as provided in paragraph (b), a public 60 employer may not take adverse personnel action against an 61 employee or a job applicant for his or her use of medical 62 marijuana if the employee or job applicant is a qualified 63 patient under s. 381.986. 64 (
b) A public employer may take appropriate adverse 65 personnel action against an employee if the public employer 66 establishes by a preponderance of the evidence that the lawful 67 use of medical marijuana is impairing the employee’s ability to 68 perform his or her job duties or responsibilities. 69 (
c) For purposes of this subsection, a public employer may 70 consider an employee’s ability to perform his or her job duties 71 or responsibilities to be impaired if the employee displays 72 specific, articulable symptoms while working which adversely 73 affect the performance of his or her duties or responsibilities. 74 (3)(
a) If a public employer has a drug testing policy and 75 an employee or a job applicant tests positive for marijuana or 76 its metabolites, the employer must provide to the employee or 77 job applicant written notice, within 5 business days after 78 receipt of the positive test result, of his or her right to 79 provide an explanation for or contest the positive test result. 80 (
b) Within 5 business days after receipt of the written 81 notice in paragraph (a), the employee or job applicant may 82 submit information to his or her employer explaining or 83 contesting the positive test result or may request a 84 confirmation test, as defined in s. 112.0455(5), at the expense 85 of the employee or job applicant. 86 (
c) An employee or a job applicant may submit a physician 87
Florida Senate - 2026 SB 136 30-00103-26 2026136__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. certification for medical marijuana use or a medical marijuana 88 use registry identification card as part of his or her 89 explanation for the positive test result. 90 (
d) If an employee or a job applicant fails to provide a 91 satisfactory explanation for the positive test result, his or 92 her employer must verify the positive test result with a 93 confirmation test, at the expense of the employer, before the 94 employer may take adverse personnel action against the employee 95 or job applicant. 96 (4)(
a) Notwithstanding s. 381.986(15), a public employee or 97 a job applicant who has been the subject of an adverse personnel 98 action in violation of this
section may institute a civil action 99 in a court of competent jurisdiction for relief as set forth in 100 paragraph (
c) within 180 days after the alleged violation. 101 (
b) A public employee or a job applicant may not recover in 102 any action brought under this subsection if the adverse 103 personnel action was predicated upon a ground other than his or 104 her exercise of a right protected by this section. 105 (
c) In any action brought under this subsection, the court 106 may order any of the following: 107 1. An injunction restraining continued violation of this 108 section. 109 2. Reinstatement of the public employee to the same 110 position held before the adverse personnel action, or to an 111 equivalent position. 112 3. Reinstatement of full fringe benefits and seniority 113 rights. 114 4. Compensation for lost wages, benefits, and other 115 remuneration. 116
Florida Senate - 2026 SB 136 30-00103-26 2026136__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. 5. Reasonable attorney fees and costs. 117 6. Any other compensatory damages allowed by general law. 118
(5) This
section does not do any of the following: 119 (
a) Prohibit a public employer from taking adverse 120 personnel action against an employee for the possession or use 121 of a controlled substance, as defined in s. 893.02, during 122 normal business hours or require an employer to commit any act 123 that would cause the employer to violate federal law or that 124 would result in the loss of a federal contract or federal 125 funding. 126 (
b) Require a governmental medical assistance program or 127 private health insurer to reimburse a person for costs 128 associated with his or her use of medical marijuana. 129 (
c) Require a public employer to modify the job or working 130 conditions of a person who engages in the use of medical 131 marijuana based on the reasonable business purposes of the 132 employer.
However, notwithstanding s. 381.986(15) and except as 133 provided in paragraph (d), such employer must attempt to make 134 reasonable accommodations for the medical needs of an employee 135 who engages in the use of medical marijuana if the employee 136 holds a valid medical marijuana use registry identification 137 card, unless the employer can demonstrate that the accommodation 138 would pose a threat of harm or danger to persons or property, 139 impose an undue hardship on the employer, or prevent an employee 140 from fulfilling his or her job responsibilities. 141 (
d) Prohibit a law enforcement agency from adopting 142 policies and procedures that preclude an employee from engaging 143 in the use of medical marijuana. 144