While medical marijuana is legal in Florida, it can still cause a public employee to lose their job. South Florida Democrats Senator Tina Polsky and Representative Nicholas Duran, are trying to change that.

Boca Raton Democratic Senator Tina Polsky says when the state-approved medical marijuana, lawmakers left what she says is a loophole.

"So you’re allowed to use medical marijuana if you have a proper license but if you get drug tested at work having nothing to do with your performance you can be fired for using a legal substance," said Polsky.

Polsky has a bill that would prevent public employers from firing, demoting, or suspending someone who tests positive. Miami Representative Nicholas Duran says a person would have to produce their medical marijuana card as an explanation for the positive result.

"In the event someone takes a drug test and they test positive for marijuana they should be able to sort of explain and show that they are registered," said Duran. "That they are using medical marijuana and that’s the reason why their drug test came back positive for it"

The measure would still allow public employers to fire a person who uses medical marijuana on the job, or whose performance suffers as a result of their use.

Polsky filed a similar bill last year for private employees. It didn’t get a hearing.

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