Understanding Florida SB 972: Protections for Public Employees Who Use Medical Marijuana (2023)

Florida SB 972 was a bill that was introduced in the Florida Senate in 2023. The bill would have protected public employees who use medical marijuana from discrimination. The bill would have prohibited public employers from taking adverse action against an employee or a job applicant who is a qualified patient for their use of medical marijuana. Adverse action would include firing, refusing to hire, or discriminating against an employee in terms of pay, benefits, or other terms and conditions of employment.

The bill was sponsored by Senator Jeff Brandes. Brandes is a Republican from St. Petersburg. Brandes is a strong supporter of medical marijuana. He believes that medical marijuana should be available to all qualified patients, regardless of their employment status.

The bill was ultimately defeated in the Florida Senate. The bill failed to pass by a vote of 20-20. The bill was defeated by a bipartisan coalition of lawmakers.

The defeat of Florida SB 972 was a setback for medical marijuana advocates in Florida. However, the bill's defeat does not mean that medical marijuana is not protected in Florida. Medical marijuana is protected under Florida law, and public employers are prohibited from discriminating against employees who use medical marijuana in accordance with the law.

Here are some of the arguments in favor of protecting public employees who use medical marijuana:

  • Medical marijuana is a safe and effective treatment for a variety of medical conditions.
  • Medical marijuana is legal under Florida law.
  • Public employees who use medical marijuana are not impaired on the job.
  • Public employers should not discriminate against employees who use medical marijuana in accordance with the law.

The bill would have provided important protections for public employees who use medical marijuana. The bill would have ensured that public employees who use medical marijuana are not discriminated against on the job. This would have allowed public employees who use medical marijuana to continue to work and provide for their families.

The History of Florida SB 972:

  • 2016: Florida voters approve Amendment 2, which legalizes medical marijuana in Florida. The amendment allows qualified patients with a doctor's recommendation to possess up to 2.5 ounces of marijuana and grow up to six plants per household.
  • 2019: The Florida Legislature passes a law that creates a state-regulated medical marijuana program. The law does not include any protections for public employees who use medical marijuana.
  • 2021: Senator Jeff Brandes introduces Florida SB 972, which would have protected public employees who use medical marijuana from discrimination. The bill would have prohibited public employers from taking adverse action against an employee or a job applicant who is a qualified patient for their use of medical marijuana. Adverse action would include firing, refusing to hire, or discriminating against an employee in terms of pay, benefits, or other terms and conditions of employment.
  • 2022: The Florida Senate Committee on Health Policy and Human Services votes 7-4 to approve Florida SB 972. The bill then moves to the full Florida Senate for consideration.
  • 2023: The Florida Senate votes 20-20 on Florida SB 972, failing to pass the bill. The bill was defeated by a bipartisan coalition of lawmakers.

Here are some of the reasons why Florida SB 972 was defeated:

Opposition from law enforcement

Law enforcement groups opposed Florida SB 972, arguing that it would make it more difficult for them to keep communities safe. Law enforcement groups argued that if public employees were allowed to use medical marijuana, they would be more likely to come to work impaired and make mistakes that could put the public at risk.

Law enforcement groups' concerns about Florida SB 972 are unfounded. Studies have shown that there is no correlation between medical marijuana use and increased crime rates. In fact, some studies have shown that medical marijuana use may actually reduce crime rates.

Opposition from some businesses

Some naive businesses opposed Florida SB 972, arguing that it would make it more difficult for them to hire and retain employees. Businesses argued that if they were not allowed to drug test potential employees for marijuana, they would be more likely to hire employees who would come to work impaired and make mistakes that could cost the business money.

Businesses' concerns about Florida SB 972 are also unfounded. Businesses can still drug test potential employees for marijuana, as long as they do so in a way that is consistent with state and federal law. Additionally, businesses can still fire employees who come to work impaired, regardless of whether they are using medical marijuana or any of the other mind-or-mood altering substances available legally and illegally.

Lack of support from the governor

Governor Ron DeSantis did not support Florida SB 972, and he did not sign the bill into law. Governor DeSantis argued that Florida SB 972 would send the wrong message to young people about the dangers of marijuana use.

Governor DeSantis's opposition to Florida SB 972 is disappointing, but it is not insurmountable. He’ll likely sign it with enough bi-partisan support.  Regardless, DeSantis may find himself in a different political position within the next few years - opening the door for a more open-minded, inclusive leader.  The bill has a good chance of passing in the future, as long as medical marijuana advocates continue to fight for it.  

Despite the defeat of Florida SB 972, medical marijuana advocates are hopeful that the bill will be reintroduced in the future. Medical marijuana advocates believe that the bill has a good chance of passing in the future, as public support for medical marijuana continues to grow.

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