In a progressive move, Florida Senator Tina Scott Polsky (D) has introduced SB 146, a bill aimed at safeguarding parental rights for medical marijuana patients. The proposed legislation ensures that state courts cannot restrict custody, visitation, or parenting time solely based on a parent’s legal cannabis patient status.
“A court may not deny or otherwise restrict a parent’s custody of a minor child or the parent’s visitation rights or parenting time with a minor child based solely on the parent’s status as a qualified patient,” the bill states. It also prohibits the presumption of child neglect or endangerment solely due to medical marijuana use, emphasizing that decisions should prioritize the best interests of the child.
This move follows a contrasting stance in Virginia, where Governor Glenn Youngkin (R) vetoed similar protections last year.
Workplace Protections for Medical Cannabis Patients
The introduction of SB 146 coincides with new efforts to protect medical marijuana patients in Florida’s workforce. Representative Mitch Rosenwald (D) recently filed HB 83, a bill to prevent public employers from penalizing government employees for off-duty, legal cannabis use.
HB 83 explicitly prohibits actions such as termination, demotion, or refusal to hire based on medical marijuana use, provided the employee is not under the influence at work. Law enforcement agencies, however, may still enforce stricter policies. Additionally, the bill requires employers to give employees the opportunity to contest positive cannabis test results within five days.
A History of Discrimination Cases
These measures stem, in part, from high-profile cases of discrimination against medical marijuana patients. In 2021, Velez Ortiz, a Florida Department of Corrections worker, was fired after testing positive for THC, despite having a doctor’s recommendation. Ortiz’s lawsuit ultimately failed, with the Florida Supreme Court declining to review his case.
A recent ruling favored a paramedic suspended in 2019 for testing positive. Judge Melissa Polo determined that the county violated the Florida Civil Rights Act by failing to provide reasonable accommodations for the paramedic’s medical cannabis use.
As support for medical marijuana grows nationwide, Florida lawmakers continue to push for legal clarity and protections for patients. SB 146 and HB 83 mark significant steps toward ending discrimination and ensuring fair treatment for qualified cannabis users in the state.
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