Published: August 3, 2026 | By Michael Torres, Sr. Correspondent, Industry News
Florida’s Second District Court of Appeal has issued a ruling that could reshape how employers across the state handle medical marijuana patients in the workplace, confirming that companies can take adverse action against employees who use cannabis legally outside of work hours.
The case, Hillsborough County v. Giambrone, centered on a county firefighter-paramedic who was placed on unpaid leave after a positive random drug test for cannabis. He held a valid medical marijuana card, and there was no evidence he had been impaired or had used marijuana on the job. A trial court had ruled in his favor, treating his medical marijuana use as the equivalent of a prescription under the collective bargaining agreement. The appeals court disagreed and reversed.
The Ruling
The court held that a medical marijuana card is not a prescription for the purposes of the agreement, and that Florida’s medical marijuana law does not require employers to accommodate use, whether on-site or off-site. It pointed to the statute’s express language that the medical marijuana regulations do not limit employers’ ability to establish, continue or enforce drug-free workplace programs or policies.
Key takeaways for employers:
- Companies can still maintain zero-tolerance drug policies even for registered medical marijuana patients
- A positive test can support discipline under a drug-free workplace policy, even without evidence of on-duty impairment
- Florida’s medical marijuana law does not require employers to accommodate use, on or off duty
- Employers should ensure their drug testing policies clearly distinguish between impairment and presence
What This Means Nationally
Florida is one of 38 states with medical marijuana programs, but this ruling aligns with the majority approach. Only a handful of states including New York and New Jersey have gone further in protecting off-duty cannabis use through court decisions or legislation.
The Florida decision reflects a national tension between two competing interests. On one side, patients want access to medicine without career consequences. On the other, employers want predictable drug policies they can enforce consistently.
Practical Steps for HR Departments
- Review drug testing policies to clarify whether THC presence (not impairment) is the standard
- Ensure managers understand that holding a medical marijuana card does not by itself exempt an employee from drug-free workplace rules
- Consider implementing impairment-based testing (like saliva tests or field sobriety assessments) if your industry has safety-sensitive roles
- Monitor federal developments on cannabis rescheduling, which remain in flux
The case could yet reach the Florida Supreme Court. But for now, employers can operate with greater confidence that their drug policies will hold up in court.
Sources: Florida Second District Court of Appeal, Hillsborough County v. Giambrone (July 2026); section 381.986, Florida Statutes; industry reporting.