An employer is also not required to accommodate an employee’s marijuana use, regardless of whether it was being used for medical purposes or not. Also, employers can still drug test for marijuana under Fla. Stat. § 440.102. Although the statute legalizes medical marijuana, it specifically rejects the idea of creating a cause of action for wrongful termination based on an employee’s marijuana use.

And in Florida, which has a “voluntary” drug testing law to which employers must adhere if they wish to benefit from a reduction in their workers compensation insurance premiums, reasonable suspicion also may be based upon “Information that an employee has caused, contributed to, or been involved in an accident while at work.” (Fla. Stat. §440.102(1)(n)(5)). A covered accident is not excluded because it happens to result in injury to the employee.