Medical Marijuana Employees See New Accommodations In Florida Court Ruling
The judge’s rule favored the paramedic who allegedly faced unlawful discrimination. According to the case, the discrimination concerned his off-duty use of medical marijuana. In this case, the plaintiff filed a lawsuit against Hillsborough County after taking a forced administrative leave in 2019. This leave took place because a random drug test resulted positive for cannabis use.
Despite having a medical cannabis card, the paramedic faced disciplinary action under a collective bargaining agreement and Drug-Free Workplace Policy. In the lawsuit, the plaintiff alleged that his employer had violated the Florida Civil Rights Act. He claimed that the company failed to provide reasonable accommodations for his medical cannabis use. However, both parties soon filed motions for summary judgment.
The plaintiff argued that the employer should not punish him with adverse employment actions for lawfully using medical cannabis, both off-duty and away from the employer’s premises. His case also argued against the employer’s interpretation of Florida’s Drug-Free Workplace Act. He pointed out how the Act does not include clear language barring the off-premises use of medical marijuana.
Hillsborough County Judge Melissa Polo found that the laws prohibited the County from discriminating against employees with medical marijuana cards who test positive for cannabis use. She emphasized how discrimination included taking action despite the lack of evidence of an employee under the influence on the employer’s premises, property, or while on duty. The defendant agreed that they had not found any evidence that the plaintiff possessed marijuana during work or on work premises. They also conceded that he did not use marijuana on work premises, during work hours, or before coming to work.
As a result, the judge found that the Florida Civil Rights Act protected the plaintiff. She also ruled that the County violated the Act by failing to accommodate the plaintiff’s need to use medical marijuana off of the work premises. Following this, she ruled that the County must provide accommodations for employees who test positive for marijuana but have a valid medical marijuana card. This protection applies when employers find no evidence of employees under the influence or using illegal substances at work, in county vehicles, or on county property.
Employers may find that this ruling makes Florida’s law conflict with federal regulations. As such, it may require employers to provide accommodations for employees with a valid medical marijuana card even though federal law does not consider marijuana a valid accommodation.
