Florida County Seeks to Overturn Ruling Protecting Medical Marijuana Patients in the Workplace
A Hillsborough County attorney has filed an appeal with the state’s Second District Court of Appeal, seeking to overturn a recent ruling that could have significant implications for the protection of medical marijuana patients in the workplace.
The case involves Angelo Giambrone, a former EMT who was fired from his job in 2019 after testing positive for cannabis use following a random drug test. Giambrone, who was a qualified medical marijuana patient, alleged that he was wrongfully terminated due to his medical condition and that the county failed to accommodate his needs as a disabled individual.
In a ruling last month, Hillsborough Circuit Court Judge Melissa Polo declared that the county had illegally discriminated against Giambrone and ordered the county to pay him $321,337 in backpay, as well as $19,500 in interest and $60,000 in compensatory damages. The judge also ruled that the county must provide accommodations to employees who present a valid Florida Medical Marijuana card after testing positive for marijuana, as long as there is no evidence that the employee used or possessed substances while at work or during work hours.
The county’s appeal comes as lawmakers continue to debate the issue of medical marijuana use in the workplace. While Florida’s medical marijuana statute does not require employers to accommodate the medical use of marijuana in any workplace or any employee while working under the influence of marijuana, it is silent on whether employers must accommodate off-site or off-work use of marijuana.
The case has significant implications for the estimated 896,635 medical marijuana patients in Florida, who may face discrimination in the workplace due to their medical condition. The National Conference of State Legislatures reports that 24 states have anti-discrimination employee protection for medical marijuana patients, while 38 states have legalized medical marijuana in some form.
The outcome of the appeal could have far-reaching consequences for the rights of medical marijuana patients in Florida and could potentially impact the state’s workforce.
