Tim Blakeley, manager of Sunset Junction medical marijuana dispensary, shows marijuana plant buds on May 11, 2010, in Los Angeles, California. (Photo by Kevork Djansezian/Getty Images)
An attorney representing Hillsborough County has filed an appeal in the state’s Second District Court of Appeal of a ruling that could have statewide implications in solidifying protections for employees who are lawful medical marijuana patients under Florida law.
Angelo Giambrone was an EMT with Hillsborough County since 2008 who also happened to be a qualified medical marijuana patient, as he said he suffered from anxiety, insomnia, and PTSD. He was put on unpaid administrative leave in 2019 after testing positive for cannabis use following a random drug test.
In 2020 he sued the county, alleging that it was a violation of the Florida Civil Rights Act for failure to accommodate him as disabled individual; that he was wrongfully terminated because the county refused to accept his state-issued medical marijuana card as justification for his positive test results; and that the county had failed to update its Drug Free Workplace Policy pursuant to the Florida Civil Rights Act.
In court proceedings, the county admitted that there had been no allegations that Giambrone was ever impaired or used cannabis at work, before work, or during work hours. They also acknowledged that there had been no complaints or suspicions that he ever was impaired at work and that he had above average or exemplary performance reviews.
Hillsborough Circuit Court Judge Melissa Polo ruled in Giambrone’s favor last month, declaring the county had illegally discriminated against him. She ordered the county to pay him $321,337 in backpay between 2019-2024, as well as $19,500 in interest and $60,000 in compensatory damages, including for mental anguish, loss of dignity, and other intangible injuries.
Polo also ruled that Hillsborough County is now prohibited from discriminating against and 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, on county property, in county vehicles, or reported to work impaired.”
The law is silent
Florida’s medical marijuana statute does not require an employer to accommodate the medical use of marijuana in any workplace or any employee while working under the influence of marijuana but is silent about whether employers must accommodate off-site or off-work use of marijuana.
Democratic lawmakers have filed bills in recent sessions to give medical marijuana patients legal protections at work, although they haven’t moved in the GOP-controlled Legislature. A bill filed ahead of the 2025 regular legislative session would protect public employees from positive marijuana tests — if they have a medical prescription.
Legal briefs in the case are not due for another 70 days, according to an attorney representing Hillsborough County.
There are now 896,635 medical marijuana patients in the state of Florida, according to the Office of Medical Marijuana Use.
Medical cannabis is legal in 38 states, while 24 have anti-discrimination employee protection, according to the National Conference of State Legislatures.
More than 71% of voters approved medical marijuana in 2016 as a state constitutional amendment. Recreational marijuana was on the ballot in 2024 but did not receive the 60% support required for passage. A new proposal to get the measure on the 2026 ballot was filed earlier this week.
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