“Legal” Medicine, Illegal Job? Why Your Boss Can Fire You for Prescribed Pot

By: John Guidry

Yes, I know, we don’t have recreational marijuana here in Florida (yet). But now that we have Medical Marijuana, lots of issues are cropping up.

• The Conflict: If marijuana is legal medicine, must an employer accommodate a patient’s use of it on the job?
• The Big Question: Can an employee be fired for a positive drug test if that test simply proves the worker is taking their prescribed medicine?

There isn’t much case law on this issue nationwide, but we can look to the West Coast for a glimpse of the future. And the future looks… hazy.

Did you get fired for a positive drug test despite having a Medical Card?

Your rights are limited, but you may have options. Call John today at (407) 423-1117.

The Case: Emerald Steel Fabricators (The Oregon Warning)

Oregon has had medical marijuana for years. Recently, an employee there tested the limits of the law.

• The Situation: An employee told his boss he used medical marijuana for a debilitating condition. He requested an accommodation (to be allowed to fail the drug test as long as he wasn’t high at work).
• The Result: He was fired.
• The Lawsuit: The employee sued under the state’s disability laws (similar to the ADA), claiming discrimination based on his medical treatment.

The Ruling: In Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries (348 Or. 159), the Oregon Supreme Court sided with the Employer.

• The Logic: Even though the state says it’s legal, the Federal Government says it is not.
• The Catch: The ADA (Americans with Disabilities Act) does not protect the use of illegal drugs. Since marijuana is still illegal under federal law (Controlled Substances Act), the Court ruled that an employer is not required to accommodate its use, even if the state calls it “medicine.”

Florida’s Reality: Statute 381.986

So, does Florida protect you where Oregon failed? No. In fact, Florida law is even stricter. When the legislature passed our Medical Marijuana statute (Fla. Stat. § 381.986), they included a specific “Employer Protection” clause:

“This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana.”

Translation: Your boss can fire you for testing positive for marijuana, even if:

1. You have a valid Florida Medical Card.
2. You only smoke at home.
3. You were stone-cold sober when you took the test.

John’s 2026 Update: The “Safety Sensitive” Trap & The Failed Amendment

Note: In the original article, I hoped Florida would sort this out. They did—by siding with the boss.

1. The Failure of Amendment 3 (2024) Because the Recreational Marijuana Amendment failed in 2024, the legal landscape has not shifted in favor of employees. Marijuana remains a “gray area” medicine with zero employment protections.

2. The “Safety Sensitive” Job Exception If you work in a “Safety Sensitive” position, you have Zero Tolerance.

• The Jobs: Truck drivers (CDL), construction workers, heavy machinery operators, nurses, and police.
• The Rule: Insurance companies dictate these policies. If you crash a forklift and test positive for THC, workers’ comp will deny the claim, and you will be terminated for cause. No medical card will save you.

3. The “Impairment” Loophole Some progressive companies have updated their policies to stop testing for THC, but they still enforce “Impairment” rules.

• The Danger: If your boss thinks you look high (red eyes, slow speech), they can send you for a “Reasonable Suspicion” test. If that test comes back positive for THC—even if it’s from last night—they can argue you were impaired at that moment. Without a scientific test to prove when you smoked, you will likely lose that argument.

Check Your Employee Handbook

Before you fill that prescription, read your employment contract. Florida is an “At-Will” state. Until Federal law changes, your Medical Card protects you from the Sheriff, but it does not protect you from HR.

Call me at (407) 423-1117. Let’s review your contract.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.