If prescribed medical marijuana for PTSD, can you be fired legally?

If I am prescribed medical marijuana in
Florida for PTSD, can I be fired for
it? As a disabled veteran, under the
ADA rules, would it be a wrongful
termination?

Asked on June 17, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot be terminated for having the underlying disability or for having a prescription for medical marijuana, but you *may* be terminated for bringing marijuana (even medical marijuana) to work or for using it at work: marijuana is still illegal under federal law, even when it's medical use is legal under state law, and since it is an illegal CDS (controlled dangerous substance; a schedule I drug under the Controlled Substances Act of 1970), and an employer can refuse to allow an illegal substance at work.
You could also be terminated from certain jobs where any use of a drug which impairs any of judgment, reflexes, perception is dangerous: e.g. pilot, driver, operator of certain kinds of equipment; there are some jobs you cannot have when using certain medications.
And if you are ever impaired at work, you can be terminated for coming to work impaired, the same way you could be terminated for being drunk at work.


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