Coming here with a substantive question with the hope that someone has more knowledge of this practice area than myself. My brother was denied a position at a golf course in Orlando because he has a med marijuana card for severe anxiety. Does anyone know if this is a contrary to any statute or case law? HR told him they are double checking their policies and they’ll get back to him in a couple of days. I want to help him prepare for that conversation if there’s anything beneficial he can say.

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Pretty sure anxiety is a covered under a disability in the ADA and you can’t be discriminated against ie. Denied employment due to a disability or accommodation needed (the marijuana) for the disability management. Get it in writing that that was the reason and it sounds like a possible lawsuit.

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Florida and their legalization of medical marijuana is still a very sticky playing field. Case law is still coming forth on how the courts interpret the ambiguous statute, so I would inquire with an employment lawyer who specializes in medical marijuana licensing issues pertaining to employment. Since it’s still illegal federally, could potentially allow employers the right to deny someone for it.

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