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.
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