Florida Representative Vanessa Oliver (R) introduced new legislation today that would formally protect employers from civil lawsuits when they take action against workers or job applicants over marijuana use or possession, including in certain off-duty and off-site scenarios.
The proposal, filed as HB 689, amends Florida’s medical marijuana statute to add a new immunity provision for employers.
HB 689 establishes that an employer cannot be held civilly liable for disciplinary measures, termination, hiring decisions, or other employment actions when those decisions involve an employee’s marijuana use under three qualifying conditions. Immunity would apply if the employee possesses or uses marijuana at a workplace site, if marijuana use impairs the worker’s ability to carry out job duties, or if the individual tests positive for marijuana under a drug-testing program that complies with state requirements.
The measure adds a new subsection to Florida’s medical marijuana law, ensuring that employers retain wide discretion over workplace drug policies despite the state’s legalization framework for medical marijuana patients. With this bill, employers would have stronger protections when enforcing zero-tolerance rules or making employment decisions based on a positive marijuana test, regardless of whether an employee is a registered patient.
HB 689 is set to take effect July 1, 2026, if approved by the Legislature and signed into law.
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