A Hillsborough County judge has ruled in favor of a paramedic and medical marijuana patient who was suspended by the Hillsborough County Fire and Rescue Department in 2019 after testing positive for cannabis use.
Judge Melissa Polo ruled on Tuesday that Hillsborough County is prohibited from discriminating against and must provide accommodations to employees with valid medical marijuana cards who test positive for the drug—as long as there is no evidence the employee was using illegal substances at work, on county property or in county vehicles, or reported to work under the influence.
She also ruled that the plaintiff, Angelo Giambrone, is entitled to back pay, compensatory damages and attorney fees and costs associated with his case.
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.
Officials with Hillsborough County issued a statement on Wednesday about the decision.
“Following the recent court ruling involving a former employee of Hillsborough County Fire Rescue and the use of medical marijuana, Hillsborough County is carefully evaluating possible next steps related to the case,” it said.
Democratic lawmakers have filed bills in recent sessions to give employees who are medical marijuana patients legal protections at work, although they haven’t moved in the GOP-controlled Legislature.
“It’s finally what I think the people voted for in 2016 for medically marijuana coming to fruition,” said Tampa attorney Michael Minardi, who defended Giambrone in court. “We think this is obviously a correct verdict and hopefully allow marijuana patients to stop being discriminated against when they’re using medicine so they can be functional human beings in life again.”
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