Florida Court Backs Employer Marijuana Policy

On July 29, 2026, the Florida Second District Court of Appeal ruled that employers are not required to accommodate off-duty medical marijuana use and may continue enforcing drug-free workplace policies. The court sided with Hillsborough County after a firefighter-paramedic was disciplined following a positive marijuana test, despite holding a valid medical marijuana card.

The court concluded that Florida’s medical marijuana law preserves employer authority to maintain drug-free workplace policies and does not require accommodation of medical marijuana use. However, the court limited its ruling to the facts of this case and left open certain disability accommodation questions under the Florida Civil Rights Act (FCRA).

This decision applies to Florida employers that maintain drug-free workplace policies, particularly those with safety-sensitive positions. The ruling was issued on July 29, 2026.

What Employers Should Do

Legal Requirements

• The court’s decision did not create any new statutory or regulatory compliance obligations for employers. Existing employer policies, collective bargaining agreements, and drug-testing programs remain governed by applicable law and existing workplace rules.

Practical Considerations

• Review drug-free workplace policies to determine whether policy language clearly addresses off-duty drug use.
• Evaluate whether collective bargaining agreements contain provisions similar to those analyzed by the court.
• Continue applying drug-testing policies consistently and in accordance with established procedures.
• Carefully evaluate accommodation requests involving medical marijuana on an individualized basis, particularly because certain FCRA-related questions remain unresolved.
• Consider engaging a Professional Employer Organization (PEO) or Administrative Services Organization (ASO) to assist with policy reviews, supervisor training, and administration of drug-testing and accommodation processes.

Overview

Background: A firefighter-paramedic employed by Hillsborough County Fire Rescue tested positive for marijuana during a random drug test and was placed on unpaid administrative leave under the county’s drug-free workplace policy. The employee challenged the action in court.

Medical Marijuana Card is not a Prescription: The court held that a medical marijuana card is not a prescription under the collective bargaining agreement (CBA). As a result, the employee’s authorized medical marijuana use did not exempt him from the employer’s drug-testing rules, and the positive test result stood.

Off-Duty Conduct Was Covered by the Policy: The court found that the employer’s policy prohibited certain drug use “at any time while employed,” not just on-duty use or workplace impairment. As a result, the employee’s off-duty marijuana use did not prevent the employer from enforcing its policy.

Florida Law Does Not Require Accommodation: The court found that Florida law does not require employers to accommodate medical marijuana use and expressly preserves employers’ authority to enforce drug-free workplace policies. The court further noted that the statute does not create claims for discrimination or wrongful discharge based on medical marijuana use.

FCRA Accommodation Issue Remains Unresolved: The court declined to decide whether an employee could successfully assert a disability accommodation claim under the Florida Civil Rights Act (FCRA) based on medical marijuana. Therefore, the question remains unresolved for now.

Safety-Sensitive Positions: The concurring opinion highlighted the employee’s role as a firefighter-paramedic and emphasized the public safety concerns associated with emergency medical services and emergency vehicle operation.

Why This Matters

This decision strengthens the employers’ ability to enforce drug-testing programs and drug-free workplace policies in Florida, including for employees who lawfully use medical marijuana. However, the court limited its ruling to the facts of this case and left unresolved whether medical marijuana use could support a disability accommodation claim under the Florida Civil Rights Act (FCRA). Employers should continue evaluating accommodation requests on a case-by-case basis.

Key Risks for Employers

• Employers whose drug-free workplace policies do not clearly address off-duty marijuana use may face greater legal risk because the court’s decision relied heavily on policy language prohibiting certain drug use “at any time while employed.”

• Questions remain regarding whether medical marijuana use could support a disability accommodation claim under the Florida Civil Rights Act (FCRA), creating the potential for future litigation.

Source References

• Florida Second District Court of Appeal, Hillsborough County v. Giambrone, No. 2D2025-0115 (July 29, 2026)

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