Greetings, last week the amendment to the Florida Constitution to allow for recreational marijuana use in the state did not pass.  I have had several questions about what that means for us in the WC world.

• If the caselaw below holds, that a valid medical marijuana card potentially avoids an intoxication defense in some cases, any claimant who tests positive must have the card or they are still breaking Florida law (along with Federal law).  It is just like taking pain pills without a prescription.

• The Federal changes to permit medical use of marijuana are still moving forward. This may, eventually, impact our ability to deny providing medical marijuana to FL WC claimants in the future.  However, several things have to happen first after the Federal changes.

1. First, the Medical Marijuana statute in Florida would have to be amended to remove the ban.
2. The Florida Agency for Healthcare Administration (AHCA) would then have to approve its use in WC, and not as experimental.

This is likely more than a year or two away, if and when it does change. Be sure to join us at our Tampa (12/5), Orlando (12/6) and/or Atlanta (12/14) holiday parties!

Sincerely,

Morgan Indek | Managing Partner