HILLSBOROUGH COUNTY, Fla. — A Hillsborough County judge has ruled in favor of a paramedic and medical marijuana patient who was suspended by the Hillsborough County Fire and Rescue Department in 2019 after testing positive for cannabis.
Judge Melissa Polo determined the county cannot discriminate against employees with valid medical marijuana cards who test positive as long as there is no evidence of illegal substance use at work, on county property, or in county vehicles and no indication the employee reported to work under the influence, Florida Phoenix reported.
The county is also required to provide reasonable accommodations in such cases.
The judge also ruled that the paramedic is entitled to back pay, compensatory damages and costs associated with the case, Florida Phoenix reported.
The paramedic had been with the department since 2008. He tested positive for cannabis in a random drug test in 2019. Despite showing his medical marijuana card, he was placed on unpaid administrative leave that day, according to Florida Phoenix.
His positive test was reported to the Florida Department of Health, which dropped its investigation for lack of probable cause.
On June 5, 2020, he filed a complaint alleging the county violated the Florida Civil Rights Act by failing to accommodate his disability, wrongfully terminating him despite his state-issued medical marijuana card, and not updating its Drug-Free Workplace Policy, Florida Phoenix reported.
Florida’s medical marijuana law does not require employers to allow on-site use or working under the influence but is silent on off-site or off-duty use.
The judge noted that the Florida Civil Rights Act defines disability to include physical and mental conditions, and the 2016 constitutional amendment allows “qualified” patients to use medical marijuana off-site, requiring employers to provide accommodations, according to Florida Phoenix.
Hillsborough County officials issued a statement about the decision:
“Following the recent court ruling involving a former employee of Hillsborough County Fire Rescue and the use of medical marijuana, Hillsborough County is carefully evaluating possible next steps related to the case.”
