May 2020 Print

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In 2016, Florida voters approved an amendment to the Florida Constitution which greatly expanded the number of people able to use medical marijuana in the State of Florida. Since the new law became effective, employers across the state have struggled with the impact of increased medical marijuana use on their workplaces.

This presentation describes the history of the amendment, the laws passed by the legislature based on the amendment, and the constitutional challenges brought in the courts based on those laws. We will cover the medical conditions which qualify an employee for a medical marijuana prescription, the amendment's impact on Florida's Drug Free Workplace Act, and what an employe should consider when faced with an employee's request for an accommodation of medical marijuana use.

Common factual scenarios will be presented, including whether an applicant's use of medical marijuana can be solicited during the hiring process, potential discrimination claims based on the use of medical marijuana, and the associated interplay of medical marijuana use for qualifying disabilities under the Americans with Disabilities Act and the Florida Civil Rights Act.

** This is a FREE webinar. The link to join the webinar will be sent after you register***


  • Understand the history of the 2016 Constitutional Amendment legalizing medical marijuana use in Florida.

  • Examine the impact of an employee's use of medical marijuana on an employer's rights under the Florida's Drug Free Workplace Act. 

  • Consider an employer's potential legal exposure when faced with an employee's request for an accommodation of medical marijuana use.

  • Understand the qualifying medical conditions for a medical marijuana prescription and the interplay between medical marijuana use and potential discrimination claims under state and federal laws prohibiting disability discrimination. 



Barry K. Baker is an employment law attorney with Volk Law Offices, P.A. in Brevard County. He has been practicing law for 22 years and is licensed in both Georgia and Florida. He was born and raised in Brevard County and served eight years as a pilot in the United States Marine Corps prior to practicing law.

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Mr. Baker's practice is focused on advising and consulting with businesses on risk avoidance, compliance audits, internal investigations, and training of employees. Mr. Baker litigates a wide variety of employment law claims in state and federal courts and represents businesses before governmental agencies such as the Equal Employment Opportunity Commission, U.S. Department of Labor, and the Florida Commission on Human Relations. He has extensive experience in the drafting and review of employment contracts, severance agreements, and employer policies and procedures involving employee hiring, termination, discipline, and performance evaluation. Mr. Baker has also lectured on a national level, conducting day-long employment law seminars for supervisors and managers. 


$0.00 Free Ticket

$0.00 Free Ticket

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