Florida

/in

Florida: No Duty to Accommodate Off-Duty Medical Marijuana Use

APPLIES TO

All Employers with Employees in FL

EFFECTIVE

JUL 29, 2026

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Quick Look

  • In Hillsborough County v. Giambrone, the Florida Second District Court of Appeal ruled that public employers are not legally required to accommodate off-duty medical marijuana use.
  • In reaching its ruling, the court found that medical marijuana was a nonprescription medication under both the County’s drug-free workplace policy and the collective bargaining agreement (CBA) in place with the County.
  • The court also found that nothing in Florida’s medical marijuana law required employers to accommodate on-site use in a place of employment. Although the law did not address off-duty use, that did not mean it granted an employee rights against employers for off-duty use.

Discussion

In Hillsborough County v. Giambrone, the Florida Second District Court of Appeal ruled that public employers are not legally required to accommodate off-duty medical marijuana use. Here, Angelo Giambrone, a firefighter paramedic, worked for Hillsborough County Fire Rescue when he was selected for a random urine drug test which ultimately showed positive for marijuana. Based on the positive test, the County placed him on unpaid administrative leave. Giambrone then filed a civil action against the County for failure to accommodate and wrongful termination based on the County’s refusal to accept the medical marijuana card as justification for the positive result, and additional claims. A trial court found in favor of Giambrone and ruled that the County must “provide an accommodation to employees who present a valid State of Florida Medical Marijuana Card after testing positive for marijuana” so long as there is “no evidence” of on-duty use, possession, or working “under the influence.” The County appealed.

 

In reaching its ruling, the court found that medical marijuana was a nonprescription medication under both the County’s drug-free workplace policy and the collective bargaining agreement (CBA) in place with the County. As such, medical marijuana under the policy and the CBA was a specifically excluded substance beyond those that are criminally prohibited. Medical marijuana also requires dispensing through licensed dispensaries and is not available for general public use under Florida law. The court also found that nothing in Florida’s medical marijuana law required employers to accommodate on-site use in a place of employment. Although the law did not address off-duty use, that did not mean it granted an employee rights against employers for off-duty use.

 

Employers should note that the ruling was based both on the employer’s specific policy and the CBA. For similar situations, employers with drug-free workplace policies and CBA’s should review their definitions of prescription and nonprescription medication for alignment with this case to consistently enforce their policies. It remains to be seen whether the case will be appealed to the Florida Supreme Court. Until then, employers should consult with their legal counsel regarding any duty to accommodate employees with medical marijuana cards.

 

Action Items

  1. Review and revise drug-free workplace policies and collective bargaining agreements, if applicable.
  2. Consult with legal counsel regarding duty to accommodate medical marijuana use.
  3. Have appropriate personnel trained on the requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase