Florida Court Ruling May Require Accommodation for Off-Duty Medical Marijuana Use (Giambrone v. Hillsborough)- HR ALERTS
- Regina Dyerly, SHRBP, PHR
- 3 days ago
- 2 min read
Florida Court Ruling May Require Accommodation for Off-Duty Medical Marijuana Use (Giambrone v. Hillsborough)
Ruling: Dec. 10, 2024
In a recent case, Giambrone v. Hillsborough County (Dec. 10, 2024), a Florida judge held that an employer may be required to accommodate off-duty medical marijuana use under certain circumstances, even though Florida law explicitly allows employers to maintain drug-free workplace policies.
The case involved a firefighter who was a qualified medical marijuana patient using cannabis outside of work hours to manage post-traumatic stress disorder (PTSD). The employer terminated him after a positive drug test, despite there being no evidence of on-duty impairment. The court ruled that this violated the Florida Civil Rights Act (FCRA), especially in light of the employer’s collective bargaining agreement and drug policy.
Key Takeaways for Employers:
This decision does not amend Florida’s Constitution or medical marijuana statute.
It clarifies that Florida’s disability discrimination laws may require employers to explore reasonable accommodation for off-duty, lawful medical marijuana use, particularly where there’s no safety risk or workplace impairment.
The ruling reinforces that zero-tolerance drug policies may need to be revisited in light of state-level protections.
What’s Not Required:
Employers are still not required to allow marijuana use at work or tolerate on-duty impairment.
The ruling does not impact federal law, which still classifies marijuana as a Schedule I substance.
Action Items:
Review your drug-free workplace and accommodation policies.
Consider how off-duty use may intersect with state disability protections.
Consult legal counsel before taking disciplinary action against employees with valid medical marijuana cards—especially if there’s no clear evidence of on-the-job use or impairment.
Get day-to-day updates on Florida Court Ruling Medical Marijuana Use Giambrone v. Hillsborough visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).
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