The Florida District Court of Appeal recently ruled on a significant case involving medical marijuana and employment rights. The court reversed a lower court's decision that had favored Hillsborough County firefighter Angelo Giambrone, who had been placed on unpaid leave after testing positive for marijuana. This ruling affects employees in Florida who hold medical marijuana cards and could have implications for workplace drug policies statewide.
The case, Hillsborough County v. Giambrone, No. 2D2025-0115, was filed on July 29, 2026. The court's decision is crucial as it clarifies how medical marijuana is treated under employment law, especially concerning drug testing and workplace accommodations.
In this case, Giambrone, who worked for Hillsborough County Fire Rescue, was randomly selected for a drug test on February 26, 2019. The test showed a positive result for marijuana, leading the County to place him on unpaid administrative leave. Giambrone argued that his use of medical marijuana was protected under Florida law, as he possessed a valid medical marijuana card. He filed a civil action against the County, claiming wrongful termination and failure to accommodate his medical needs.
The dispute escalated to the Circuit Court for Hillsborough County, where the trial court ruled in favor of Giambrone. The court found that the County's drug-free workplace policy did not adequately account for his medical marijuana use, asserting that the County was required to accommodate employees with medical marijuana cards. This ruling led to the County's appeal to the District Court of Appeal.
The appellate court's ruling focused on three key issues: whether a medical marijuana card qualifies as a prescription under the collective bargaining agreement (CBA), whether Florida's medical marijuana laws require accommodation for off-site use, and whether the County could discipline Giambrone without evidence of on-duty impairment.
The court ultimately reversed the lower court's decision, stating, "The trial court's conclusion that the County was contractually obligated to treat a positive test as negative rests on a premise that is wholly unsupported and is in fact contradicted by the CBA's text." The judges emphasized that medical marijuana does not meet the definition of a prescription medication as outlined in the CBA, which is crucial for determining the legality of the County's actions.
Additionally, the court noted that Florida's constitutional provisions regarding medical marijuana do not mandate employers to accommodate its use in the workplace. The ruling clarified that employers retain the right to enforce drug-free workplace policies and that the use of medical marijuana does not exempt employees from disciplinary actions related to drug testing.
This ruling has significant implications for both employers and employees in Florida. It reinforces the notion that while medical marijuana is legal, its use does not guarantee protection against workplace drug policies. Employers may continue to enforce strict drug testing and disciplinary measures without violating the law, provided they do not have evidence of on-duty impairment.
Moving forward, this decision may influence how other employers in Florida approach their drug-free workplace policies, especially those employing safety-sensitive positions like firefighters and paramedics. It sets a precedent that may limit the scope of protections for employees using medical marijuana, particularly in roles where safety and performance are critical.
As for potential next steps, Giambrone could seek to appeal the ruling, but details regarding further legal actions were not available in the court filing. The case highlights the ongoing complexities surrounding medical marijuana use in the workplace and the balance between employee rights and employer responsibilities.