fLoridaconstitution: nooff-dutyMedicaLMarijuanaaccoMModationrequireMent labor & Employment law Section Co-Chairs: YvetteEverhart – Sass, Everhart & Silva, P. A. & BenBriggs – AdamsandReeseLLP
seconddcarejectedthetrialcourt’ s holdingthatflorida’ sconstitution andmedicalmarijuanastatute requireemployerstoaccommodate off-dutymedicalmarijuanause.
A recent decision out of Florida’ s Second District Court of Appeals underscores an emerging tension in employment law: while the state may legalize medical marijuana, an employer’ s drug-testing policies and collective bargaining agreements may still prohibit even off-duty use.
In Hillsborough County v. Giambrone, Hillsborough County placed firefighter-paramedic, Angelo Giambrone, on unpaid administrative leave after he tested positive for marijuana during a random drug screening. 1 Giambrone filed suit, asserting claims including failure to accommodate under the Florida Civil Rights Act,“ wrongful termination,” and breach of contract under the County’ s drug-free workplace policy and collective bargaining agreement(“ CBA”). 2 The trial court granted final summary judgment for Giambrone, awarded him relief, and mandated that the County must accommodate employees who present a valid medical marijuana card after testing positive for
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