Florida employers can breathe a little easier now that a state appeals court just shut down a paramedic’s off-duty medical marijuana accommodation claim. The July 29 decision ruled that an employer was not required to make an exception to its drug-free workplace policy for medical marijuana use, reversing a lower court ruling that sided with the paramedic and sending the case back to that court with instructions to rule for the employer. Here’s what this favorable ruling means for Florida employers and five steps to consider taking now.
How Should Off-Duty Use Be Handled?
Here’s a quick overview of what happened before this case got to Florida state appeals court:
Medical Cannabis Approved. Florida voters approved a constitutional right to medical marijuana in 2016 for certain “debilitating medical conditions,” and the legislature followed with additional guidance. Florida law makes clear that employers can still enforce a drug-free workplace program or policy. But the issue in this case was how off-duty use should be handled.
Worker Failed Cannabis Test. Angelo Giambrone, a firefighter paramedic, sued Hillsborough County after being placed on unpaid administrative leave in 2019 following a positive, random drug test for cannabis that was unrelated to any workplace injury or accident. Despite holding a state-issued medical cannabis card, he was disciplined under the county’s Drug-Free Workplace Policy and a union collective bargaining agreement (CBA). But he was never...
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