Florida Appeals Court Rules Employers Can Enforce Drug-Free Workplace Policies on Medical Marijuana

In a major win for Florida employers, a state appeals court recently overturned a lower court ruling that favored an employee seeking accommodation for off-duty medical marijuana use.

The 2nd District Court of Appeal ruled on July 29, 2026, that an employer was not required to create an exception to its Drug-Free Workplace Policy for a paramedic holding a valid state medical marijuana card. The decision sends the case back to the trial court with instructions to enter a judgment in favor of the employer.

Here is a breakdown of what happened, why the court ruled the way it did, and what this means for HR leaders and business owners in Florida.

Background: Firefighter Paramedic Fails Random Drug Test

In 2019, A. Giambrone, a firefighter paramedic employed by Hillsborough County, tested positive for cannabis during a routine random drug screening.

Although Giambrone held a state-issued medical marijuana card to treat qualifying conditions (including PTSD, anxiety, and insomnia) and was using cannabis off-duty, Hillsborough County placed him on unpaid administrative leave under its Drug-Free Workplace Policy and Collective Bargaining Agreement (CBA).

Giambrone sued under the Florida Civil Rights Act (FCRA), arguing:

• The county failed to provide a reasonable accommodation for his lawful medical marijuana use.
• Florida’s medical marijuana statute only restricts on-site workplace use, implying that off-duty use should be accommodated.
• Because he had a medical card, the Medical Review Officer (MRO) should have treated the result as a valid prescription and reported it as negative.

The trial court initially agreed with the paramedic, concluding that a medical card functioned like a prescription and that off-site use should be accommodated absent evidence of workplace impairment.

Why the Appeals Court Reversed the Decision

The 2nd DCA rejected the lower court’s reasoning across several key legal arguments:

1. A Medical Marijuana Card is Not a Prescription: Under the employer’s CBA, “prescriptions” are tied to pharmacy-dispensed medications. Medical marijuana in Florida is authorized through physician certification and state-licensed dispensaries, not traditional pharmacy prescriptions.
2. Florida Law Preserves Employer Policy Enforcement: Florida’s medical marijuana statute explicitly allows employers to maintain drug-free workplace policies. The court found no statutory intent to force employers into creating cannabis exceptions.
3. Continuous Fitness for Safety-Sensitive Roles: The employer’s policy barred covered drug use “at any time while employed.” Given the safety-sensitive nature of a first-responder role, continuous fitness for duty was a valid expectation.

5 Key Action Items for Employers

While this decision provides strong backing for drug-free workplace enforcement, the court stressed that its ruling relied heavily on the specific wording of the employer’s CBA and policy.

To protect your organization, consider taking these steps:

1. Audit Your Drug Policy Language

Review your employee handbook and collective bargaining agreements carefully. Ensure your policies explicitly define drug restrictions, address off-duty vs. on-duty use, and clearly outline the consequences of a positive test. Precision in drafting is crucial.

2. Spell Out Expectations for Safety-Sensitive Roles

If you employ workers in high-risk or safety-sensitive positions (e.g., driver, heavy machinery operator, healthcare provider, first responder), ensure your policies clearly state that continuous fitness for duty is required at all times.

3. Evaluate Accommodation Requests Case-by-Case

Avoid blanket denials without documentation. The court majority did not rule out whether FCRA disability accommodation claims could succeed under different facts or policy terms. Document your reasoning for any request evaluation.

4. Stay Updated on Federal & State Changes

Keep a close watch on legal developments around cannabis rescheduling and state-level statutory updates, as changing definitions could impact how future claims are analyzed under the Americans with Disabilities Act (ADA) and state law.

5. Consult Legal Counsel Before Taking Action

Because this decision depends heavily on specific contract and policy terms, consult an experienced labor and employment attorney to review your current drug-testing procedures before disciplining or terminating employees over medical marijuana use.