In a landmark decision, a Florida state court has ruled that employers must accommodate off-the-job medical marijuana use.
The case involved Angelo Giambrone, an emergency medical technician for Hillsborough County Fire Department, who was placed on unpaid administrative leave after testing positive for marijuana during a random drug screening. Despite presenting a valid medical marijuana card, the county refused to accommodate his off-duty use.
Giambrone, who uses medical marijuana to manage anxiety, PTSD, and insomnia, filed a lawsuit alleging disability discrimination under the Florida Civil Rights Act. He argued that the county’s refusal to accept his state-issued medical marijuana card as justification for the test result violated his rights. The court sided with Giambrone, granting summary judgment in his favor and affirming that Florida law requires employers to accommodate medical marijuana use outside of work hours.
Thirteenth Judicial Circuit Court Judge Melissa M. Polo rejected the county’s argument that federal marijuana prohibition overruled state law protections. She distinguished the case from a previous Florida ruling where a correctional officer was denied accommodation due to federal firearm restrictions, a factor not relevant to Giambrone’s employment. The decision clarifies that while Florida employers must accommodate off-duty medical marijuana use, they are not required to allow employees to be under the influence at work or possess marijuana on company property.
The ruling could prompt Florida employers to revisit drug policies and consider engaging in a disability accommodation process for employees with medical marijuana prescriptions. Hillsborough County has appealed the decision, leaving the final outcome uncertain, but for now, the case marks a win for medical marijuana patients in the state.
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