New Florida Legislation Seeks Workplace and Family Protections for Cannabis Patients

9 October 2025

Florida Senator Seeks Workplace and Parental Protections for Medical Marijuana Patients

Florida Democratic Senator Tina Polsky has filed two new bills for the 2026 legislative session designed to safeguard medical marijuana patients from employment and family court discrimination. Filed on October 8, 2025, the proposals seek to align state employment practices and custody laws with the existing medical marijuana framework established under Florida law.

Senate Bill 136, known as the Medical Marijuana Public Employee Protection Act, would prohibit public employers from taking adverse personnel action against employees or applicants who are qualified medical marijuana patients. The measure includes exceptions for cases where cannabis use impairs job performance or endangers safety. Employers would be required to notify employees or applicants within five days of a positive THC test and give them an opportunity to present proof of medical marijuana authorization. The bill also outlines a process for civil recourse, allowing affected employees to recover lost wages and legal fees.

SB 136 emphasizes that employers are not required to permit cannabis use or possession during work hours but must attempt reasonable accommodations for registered patients, unless doing so creates undue hardship or violates federal regulations.

The companion measure, Senate Bill 130, targets parental protections. It specifies that a parent’s legal status as a medical marijuana patient cannot, by itself, justify loss of custody, visitation restrictions, or findings of neglect. The bill aims to ensure that family courts evaluate parental fitness based on conduct and evidence rather than lawful medical status.

Polsky’s previous versions of these measures have stalled in Florida’s Republican-controlled legislature, but growing support for cannabis reform could shift the conversation. Nearly 900,000 Floridians are registered medical marijuana patients, and the state is again preparing to vote on an adult-use legalization initiative in 2026.

Florida’s approach to cannabis continues to evolve through both legislative and judicial action. A recent appellate court ruling found that police cannot conduct vehicle searches based solely on the smell of marijuana, signaling a shift in legal precedent. Meanwhile, the state’s ballot campaign Smart & Safe Florida continues collecting signatures for the 2026 legalization proposal amid polling that shows majority support among voters.

If passed, Senator Polsky’s bills could provide clearer legal protections for thousands of public employees and families who rely on medical cannabis for treatment, reinforcing patient rights within Florida’s legal and professional landscape.