On December 10, 2024, Judge Melissa Polo of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida held that an employer must accommodate employee off duty use of medical marijuana if such employee establishes that he/she has a disability and has a valid State of Florida Medical Marijuana Card (“Card”). The case – one of the first of its kind in Florida – makes clear that an employer may not discriminate against or deny an accommodation to an employee who uses medical marijuana off duty provided the employee has a disability under State or Federal law and has a valid Card.
Specifically, a former Emergency Medical Technician (“EMT”) for Hillsborough County brought suit against the County after the County suspended him for testing positive for marijuana in a random drug test. The Court determined that the County violated the Florida Civil Rights Act by failing to accommodate the EMT’s legal use of medical marijuana outside of work hours despite the fact that the State’s medical marijuana statute does not require an employer to accommodate the medical use of marijuana. The EMT had provided a valid Medical Marijuana Card issued by the Florida Department of Health, confirming his prescription for treating anxiety, PTSD, and insomnia. The Court emphasized that Article X, Section 29 of the Florida Constitution allows qualified patients to use medical marijuana off-site and requires employers to make reasonable accommodations for such use.
This trial court decision, while noteworthy, holds no precedential value and does not affect other courts throughout the state of Florida. Employers may still wish to consider whether to adopt policy changes in light of the issues raised by this ruling. If you have any questions or need assistance regarding this matter, please feel free to reach out to us.
