Leonard J. Dietzen, III and Graham Marcus Provide Guidance to Employers Navigating ADA Accommodation Requests in HR.com
Leonard J. Dietzen, III and Graham Marcus Provide Guidance to Employers Navigating ADA Accommodation Requests in HR.com
Leonard J. Dietzen, III and Graham Marcus recently shared insights in the article, “Florida’s Medical Marijuana Shield Is Gone: How Employers Must Handle ADA Accommodation Requests Now,” published in HR.com’s August 2026 edition of HR Legal & Compliance Excellence.
Leonard and Graham examined how the federal rescheduling of medical marijuana reshapes ADA accommodation obligations for Florida employers. They noted that “This change applies only to employees who are verified, card-carrying participants in Florida’s medical marijuana program.”
They explained how Florida medical marijuana cardholders are no longer excluded from the ADA protections: “A positive THC test alone is no longer sufficient grounds to terminate a Florida medical marijuana cardholder for most non-safety-sensitive job holders. An individualized interactive process is now required under both the ADA and the FCRA.”
Leonard and Graham shared key action insights for what human resources must do nowto update policies and manage accommodation requests.
“The era of automatic, policy-driven terminations for Florida medical marijuana cardholders is over. HR teams that build individualized, documented processes now will be far better positioned than those who wait for a lawsuit to force the update,” Leonard and Graham noted.