A Florida judge has ruled that a paramedic suspended for testing positive for medical marijuana in 2019 was wrongfully treated.
Hillsborough County Judge Melissa Polo determined that Hillsborough County Fire and Rescue violated the Florida Civil Rights Act by failing to accommodate Angelo Giambrone, a paramedic with a valid medical marijuana card. The court ruled that Giambrone is entitled to back pay, compensatory damages, and coverage of attorney fees and costs.
Judge Polo emphasized that employees with medical marijuana cards must be accommodated if they use the drug offsite and are not under the influence during work hours or on county property. Giambrone, who suffers from anxiety and a sleep disorder, had been prescribed medical marijuana to manage his conditions.
Despite Giambrone presenting his medical marijuana card after a positive random drug test in 2019, the fire department placed him on administrative leave without pay. The department argued that he had not formally requested accommodations or disclosed his medical condition, a position the court ultimately rejected.
The judge’s ruling highlights a significant gap in Florida’s medical marijuana statute, which does not explicitly require workplace accommodations for offsite use of medical marijuana. Democratic lawmakers have repeatedly introduced legislation to address these protections, but such efforts have stalled in Florida’s Republican-led Legislature.
Giambrone’s attorney, Michael Minardi, called the decision a step forward for medical marijuana patients, saying, “This is what Floridians voted for in 2016—an end to discrimination against those using medical cannabis as prescribed by their doctors.”
The case sheds light on the broader legal landscape, where less than half of the 38 states with medical marijuana programs offer anti-discrimination protections for patients. Giambrone’s victory underscores the growing tension between evolving marijuana laws and workplace policies, especially in professions with strict drug-testing protocols.
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