Florida Business Owners: Prepare for Recreational Marijuana Legalization

As Florida potentially moves towards legalizing recreational marijuana, small business owners must understand the implications and prepare accordingly and proactively. While this legal shift may introduce new challenges, preparation is key to maintaining compliance and protecting your business. Below, we outline essential steps to help your company navigate these changes, supported by practical examples.

Update Your Drug and Workplace Policies

With the legalization of marijuana, it's vital to revisit and revise your current drug policies to reflect the new legal landscape. Start by clearly defining your stance on marijuana use. Will your business maintain a zero-tolerance policy or allow off-duty use for non-safety-sensitive roles?

Example: A small manufacturing company may implement a policy stating, "Employees in safety-sensitive roles, such as truck drivers, must abstain from recreational marijuana use. While we do not conduct pre-employment drug tests, any positive test resulting from an injury claim could impact workers' compensation eligibility."

Performance-Based Policies

Shift your focus from solely policing drug use to emphasizing job performance, attendance, and behavior. This approach can help you avoid legal complications if an employee tests positive for marijuana but is not impaired at work.

Example: A tech startup could include in its policy, "Employees are expected to meet performance benchmarks and maintain regular attendance. Any behavior that impairs job performance, regardless of the cause, will be addressed through our disciplinary procedures." This ensures the policy maintains workplace standards rather than scrutinizes personal habits.

Reevaluate Pre-Employment Testing

Decide whether to continue pre-employment drug testing for marijuana, considering its impact on your talent acquisition strategy. Some businesses may relax these rules to broaden their candidate pool, while others may maintain stricter policies for safety-sensitive positions.

Example: A retail business might discontinue pre-employment marijuana testing, recognizing that a larger candidate pool could result in higher-quality hires, especially in roles that do not directly impact safety.

Develop an Impairment Detection Program

Given the complexities of testing for marijuana impairment—since THC can remain in the system long after its effects have worn off—train supervisors to recognize signs of impairment. Focus on observable behaviors that could indicate an inability to perform tasks safely.

Example: A construction company might implement a program where supervisors are trained to identify signs of impairment, such as difficulty with motor coordination or unsafe handling of equipment. These observations should be consistently documented, and reasonable suspicion policies should allow employers to send an employee home pending further investigation.

Foster a Non-Judgmental Workplace Culture

Normalize conversations around marijuana use, especially when it's legal and off-duty. Integrate this topic into company communications and training sessions to destigmatize it and make employees feel comfortable discussing concerns.

Example: During an all-hands meeting at a marketing firm, the owner might say, "As marijuana laws evolve, our focus remains on performance at work. What you do in your time is your business, and we're here to support a balanced and fair workplace." This approach helps set a tone that respects personal choices while maintaining workplace standards.

Take Action Now

It's crucial to prepare for these changes before the law is enacted. Your business can stay compliant and maintain productivity as the legal landscape evolves by proactively updating policies, training staff, and communicating clearly.