Greetings, last week the US Dept of Justice (DOJ) issued an order regarding medical marijuana at the Federal level.
Since 1970, marijuana has been classified by the US Drug Enforcement Agency (DEA) as a Schedule 1 drug, the same as heroin and LSD. Drugs in Schedule 1 “have no accepted medical use” and are illegal at the Federal level, even for medical or research purposes. The order signed Thursday by the DOJ moves some Medical Marijuana products to Schedule 3. Drugs in Schedule 3 include ketamine, Tylenol with codeine and testosterone.
Let’s talk about what that order does and doesn’t do in Florida. There is a nuance.
First, let’s start with the order itself, here is the press release: https://www.justice.gov/opa/pr/justice-department-places-fda-approved-marijuana-products-and-products-containing-marijuana
It says the US DEA today announced the issuance of an order immediately placing marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act. So, the products already approved by the State of Florida under FL Stat. 381.986 Medical use of marijuana are now moved to Schedule 3.
The nuance is the order does not fully legalize medical marijuana, just medical marijuana in formats approved by the states (40 states have some form of legalized medical marijuana). The order does not legalize Medical Marijuana in the 10 states that still hold a ban, and it only permits the products/formats each state has approved within their own borders. It does not change the status of marijuana grown or used for recreational use. The DEA will hold a new administrative hearing beginning June 29, 2026, regarding the proposed complete rescheduling of medical marijuana in all formats and states.
The Florida statute that permits use of medical marijuana specifically bans reimbursement to a Workers’ Compensation claimant. The reason that is reimbursement a key phrase is because Carriers cannot authorize or pay for medical marijuana via check as the dispensaries only accept cash/cash equivalents like debit cards (banks are Federally regulated) . The Florida WC courts have reinforced that WC carries do not even need to authorize an evaluation to see if a claimant is a candidate for medical marijuana, because they cannot pay for it. However, this DOJ order last week will potentially open the door to banking for medical marijuana dispensaries. And that would remove a major impediment/defense that prevents carriers from authorizing medical marijuana.
Does the FL statute need to be changed by the FL Legislature before we are forced to authorize medical marijuana? Maybe…maybe not. In the near future, carriers may be able to pay the dispensary directly with a check if the banking restrictions are lifted. The FL Stat. bans only reimbursement because no other payments methods were possible at the time the law was written.
Also, FL the intoxication defense may only apply in the future if the claimant is using recreational and not medical marijuana (does not have a prescription/certification).
Here is the actual FL Medical Marijuana statute and a key section:
381.986 Medical use of marijuana.—
(15) APPLICABILITY.—
(a) This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy.
(b) This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana.
(f) Marijuana, as defined in this section, is not reimbursable under chapter 440.
As always, please let me know if you have any questions.
My colleague John Fennelly will be creating a Georgia Tip of the Week on the potential impact in GA of this marijuana change. If you would like to receive it, please email him John Fennelly jfennelly@eraclides.com
Also, be sure to check our firm website for upcoming FL, GA and TN events and CEU’s: https://eraclides.com/events/
Sincerely,
Morgan Indek | Managing Partner