A Florida senator has filed a pair of bills for the 2026 legislative session that would provide employment and parental rights protections for registered medical marijuana patients.
The legislation, introduced by Sen. Tina Scott Polsky (D) on Wednesday, would build upon the state’s existing medical cannabis laws as advocates again attempt to pass adult-use legalization at the ballot next year.
One of the new measures, SB 136, would prohibit public employers from taking adverse actions against workers or job applicants over the use of medical cannabis in compliance with state law—or as a result of a positive THC test—if they demonstrate that they’re lawfully registered as a medical marijuana patient.
There’s an exemption built into the legislation, stipulating that adverse personnel actions can be taken if there’s “a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee’s ability to perform his or her job duties or responsibilities.”
The bill also states that, if an employer mandates drug testing and a worker or job applicant tests positive for THC, that employer must given written notice within five days about their right to explain the circumstances behind their positive test. The worker or applicant could then provide proof of a physician’s recommendation for medical cannabis to explain the drug test results.
Nothing in the proposal precludes an employer from enforcing a zero-tolerance policy for the use or possession of a controlled substance, including marijuana, during normal business hours. But if adverse action is taken against the worker or applicant for off-duty cannabis use as a registered patient, the legislation provides for means of recourse, including compensation for lost wages and legal fees.
Polsky’s bill also states that employers “must attempt to make reasonable accommodations for the medical needs of an employee who engages in the use of medical marijuana if the employee holds a valid medical marijuana use registry identification card, unless the employer can demonstrate that the accommodation would pose a threat of harm or danger to persons or property, impose an undue hardship on the employer, or prevent an employee from fulfilling his or her job responsibilities.”
This is the latest version of the measure, which was filed by Polsky last year but did not advance to enactment.
The senator’s other new bill, SB 130, focuses on parental rights, specifying that 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.”
“There is no presumption of neglect or child endangerment based solely on the parent’s status as a qualified patient,” it says. “In determining the best interests of the child with respect to custody or dependency, this section applies.”
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Meanwhile, a Florida court recently ruled that police cannot search a person’s vehicle based only on the smell of marijuana.
The District Court of Appeal of Florida Second District last week issued an opinion, authored by Judge Nelly Khouzam, overturning a lower court decision that upheld the “plain smell doctrine” that has long permitted cannabis odor to be used as a pretense for vehicle searches.
Cannabis reform enjoys majority support in Florida, according to multiple polls that led up to a vote on an adult-use legalization ballot initiative last year. It ultimately fell short of the steep 60 percent threshold for passage, and part of the opposition came from the Florida Police Chiefs Association (FPCA) and the Florida Sheriffs Association (FSA).
As of this summer, the renewed legalization campaign has collected more than 75 percent of the required signatures to put the marijuana initiative on the 2026 ballot, according to state officials.
Gov. Ron DeSantis (R) said in February that the newest measure is in “big time trouble” with the state Supreme Court, predicting it will be blocked from going before voters next year.
Smart & Safe Florida is hoping the revised version will succeed in 2026. The campaign—which in the last election cycle received tens of millions of dollars from cannabis industry stakeholders, principally the multi-state operator Trulieve—incorporated certain changes into the new version that seem responsive to criticism opponents raised during the 2024 push.
For example, it now specifically states that the “smoking and vaping of marijuana in any public place is prohibited.”Another section asserts that the legislature would need to approve rules dealing with the “regulation of the time, place, and manner of the public consumption of marijuana.”
Last year, the governor accurately predicted that the 2024 cannabis measure from the campaign would survive a legal challenge from the state attorney general. It’s not entirely clear why he feels this version would face a different outcome.
While there’s uncertainty around how the state’s highest court will navigate the measure, a poll released in February showed overwhelming bipartisan voter support for the reform—with 67 percent of Florida voters backing legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans.
However, the results conflict with another recent poll from the Florida Chamber of Commerce, a proactive opponent of legalization, that found majority support for the reform among likely voter (53 percent) but not enough to be enacted under the 60 percent requirement.
Another recent poll of Florida Republican voters showed just 40 percent of that demographic said they’d vote in favor of the legalization proposal.
In the background of the campaign’s signature development, DeSantis signed a GOP-led bill in June to impose significant restrictions on the ability to put initiatives on the ballot—a plan that could impair efforts to let voters decide on marijuana legalization next year.
Photo courtesy of Max Pixel.
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