Election day is around the corner. On the ballot in Florida is Amendment 3, which asks voters to approve the use of recreational marijuana. Passing requires at least 60% of voters to approve the amendment. In 2016, voters approved the use of medical marijuana in the state by a large margin (71%).

Many school boards are bracing for the expected complications should Amendment 3 pass to legalize use of recreational marijuana in Florida. RumbergerKirk partner Leonard Dietzen shared insights during a presentation for the Florida Educational Negotiators General Meeting on October 25, 2024. He discussed how medical marijuana has impacted school boards and the potential impact should the use of recreational marijuana be approved on election day.

Some key points he shared:

• Despite state law, the use of marijuana remains illegal under Federal law.
• Because school boards receive federal grant funds, they must adhere to a strict drug-free workplace policy.
• HR directors should take the time now to audit their drug testing policies, application process, practices and drug testing procedures.
• School boards should also note that an employee’s use of medical marijuana is not protected by the Americans with Disabilities Act.