Cannabis laws in Florida are evolving, but when it comes to employment protections, Miami workers still face one big reality: yes—you can be fired for cannabis use. The details, however, depend on whether the use is recreational or medical, what kind of job you have, and how your employer’s policies are written.

Florida Prioritizes Drug-Free Workplaces

Florida’s medical marijuana statute makes it clear that employers retain the right to enforce drug-free workplace rules—even if an employee is a legal medical marijuana patient. Employers can:

• Require pre-employment, random, post-accident, or reasonable-suspicion testing under the Drug-Free Workplace Act.
• Discipline or terminate employees who test positive for THC.
• Deny certain workers’ compensation benefits if an employee fails a drug test after a workplace accident.

Importantly, none of these rules change simply because cannabis is recommended by a doctor. No current Florida law forces private employers to tolerate on- or off-duty cannabis use.

Medical Marijuana: Limited but Growing Protections

Historically, medical marijuana patients in Florida had almost no employment protections. Unlike some states, Florida does not prohibit discrimination against card-holding medical marijuana users.

That began to shift in late 2024 with a key case, Giambrone v. Hillsborough County. A firefighter-paramedic who used medical marijuana legally and off duty was placed on unpaid leave after a positive test. A Florida court ruled the county may have violated the Florida Civil Rights Act by not considering a reasonable accommodation for his medical marijuana use outside of work.

This case is still on appeal, so it’s not binding across the state—but it signals that public employers, and potentially private ones in the future, may need to engage in an accommodation process rather than automatically firing a medical patient who isn’t impaired at work.

Still, these protections are narrow. Safety-sensitive positions, federally regulated jobs, and workplaces that follow strict drug-free policies continue to have wide discretion to enforce zero tolerance.

Why Federal Law Still Drives Employer Decisions

Cannabis remains illegal under federal law. Because of that:

• The Americans with Disabilities Act (ADA) does not protect employees who use medical marijuana.
• Employers with federal obligations—such as transportation companies, defense contractors, or roles requiring firearm licensing—must follow federal rules, which prohibit cannabis use entirely.

For many Miami employers, this federal conflict reinforces drug-free policies.

So, Can You Actually Be Fired in Miami?

Recreational Use

Yes. Florida has no employment protections for adult-use cannabis. A Miami employer may refuse to hire or may fire an employee for a positive THC result if their policy allows it.

Medical Use

You can still be fired, but your rights are slowly expanding. Recent case law suggests some employers may need to consider reasonable accommodations when:

• Cannabis is used legally and off duty
• There is no evidence of on-the-job impairment
• The employee’s condition qualifies as a disability under the Florida Civil Rights Act

But these developments are not yet statewide guarantees.

Practical Tips for Miami Workers

• Read your employer’s policy—it determines most outcomes.
• Document your medical condition if you are a cardholder.
• Never bring cannabis to work or show up impaired.
• Consult an employment attorney if you’re a medical patient disciplined after a positive test. Florida’s courts are actively reshaping this area of law.

While cannabis use is becoming more socially accepted in Miami, the workplace rules remain conservative. Until Florida passes clearer employment protections, most employees—especially in the private sector—should assume that a positive THC test can still put their job at risk.