July 29, 2025
ShareFlorida Firefighter’s Medical Marijuana Case Shows Why Employers Can’t Let Their Guard Down
A Hillsborough County firefighter who smokes marijuana daily just lost his job, and his case heading to Florida’s appeals court should wake up every employer in the state. After three decades representing companies in workplace disputes, I’ve seen how quickly these situations spiral out of control when businesses don’t have their policies straight.
Angelo Giambrone worked as a firefighter-paramedic for over a decade before failing a random drug test in 2019. He admitted smoking marijuana multiple times every day (but not during work hours) for anxiety and sleep problems. When the county required follow-up testing per their union contract, Giambrone refused and got placed on unpaid leave.
The trial judge sided with Giambrone, buying his argument that Florida’s medical marijuana laws in combination with state and federal laws requiring employers to accommodate disabilities protected his daily pot smoking. Hillsborough County appealed, and they’re right to fight this decision. Here’s why this matters for your business.
Federal Law Still Beats State Medical Marijuana Cards
Traditionally, Florida employers could base their reactions to marijuana use on compliance with federal law. Indeed, Marijuana remains illegal under federal law, classified as a Schedule I drug with no accepted medical use. The Florida Constitution’s medical marijuana amendment even says it does not give immunity under federal law. However, the Hillsborough Court decision opens the possibility that other employees will attempt to claim that off-site/work Marijuana use for medical conditions is protected and must be accommodated.
The county’s appeal relies heavily on Ortiz v. Department of Corrections, where Florida’s First District Court upheld firing a corrections officer who tested positive for marijuana. That court made clear that federal drug laws don’t disappear just because someone has a medical marijuana card.
Dealing with individuals using marijuana in states that have legalized its use for medical purposes can be complicated. There are risks on either side of the accommodation debate, including worker safety, recruitment/retention, and job performance.
Safety-Sensitive Positions Get Different Treatment
Firefighters drive massive trucks, handle dangerous equipment, and make split-second decisions that affect lives. Same goes for many positions in manufacturing, transportation, healthcare, and construction. Courts understand these jobs demand higher standards.
I’ve helped companies identify which positions qualify as safety sensitive. The key is documenting job duties that involve:
- Direct patient care
- Handling hazardous materials
- Making decisions that affect others’ safety
- Operating vehicles or heavy machinery
- Public safety responsibilities
Federal Contractors Face Stricter Rules
Companies with federal contracts must comply with the Drug-Free Workplace Act. This federal requirement doesn’t bend for state medical marijuana laws. Neither do Department of Transportation regulations for drivers or other federal safety rules.
I’ve seen businesses lose federal contracts because they didn’t understand how medical marijuana laws interact with federal requirements. Don’t let this happen to your company.
What Smart Employers Do Right Now
After handling workplace drug issues for thirty years, I know which companies get sued and which ones don’t. The ones that avoid problems take action before situations explode:
Review your current drug free workplace policy. If it’s more than two years old or doesn’t specifically address medical marijuana, it needs updating. Vague language about “illegal drugs” won’t cut it anymore.
Train your supervisors on recognizing impairment and following proper procedures. Most employment lawsuits happen because managers don’t handle situations correctly. Using actual job performance and behavior continues to be a best practice in deciding when to take employment actions.
The Appeals Court Decision Could Change Everything
How the Second District Court rules on Giambrone’s appeal will affect every Florida employer. If they reverse the trial court and uphold the county’s firing decision, businesses get a green light to maintain strict drug-free policies.
If they affirm the trial court’s ruling, employers might face pressure to accommodate medical marijuana use, at least for non-safety positions (excluding federal contracts). Either way, you need policies that protect your business under both scenarios.
Don’t Wait for the Court Decision
Companies that wait for court rulings to update their policies usually wait too long. By the time a definitive decision comes down, you might already be dealing with your own workplace marijuana situation.
The legal landscape around marijuana and employment changes constantly. New state laws, court decisions, and federal guidance come out regularly. What worked five years ago might leave you exposed today.
Your Next Steps
Every business faces different risks based on their industry, workforce, and operations. Manufacturing companies have different concerns than office-based businesses. Companies with federal contracts face stricter requirements than purely private employers.
The Giambrone case shows that even clear-cut situations can become complicated legal battles. The county thought they had an easy case – a safety-sensitive employee who failed a drug test and refused follow-up testing. Yet they still ended up in court fighting for the right to enforce their policy.
Contact David Harvey for Workplace Drug Policy Help
Don’t let your company become the next headline about workplace marijuana disputes. As a labor and employment attorney at Kelley Kronenberg with decades of experience representing employers, I help businesses navigate these complex issues before they become expensive problems.
Whether you need to update existing policies, handle a current situation with an employee’s marijuana use, or understand how changing laws affect your operations, I provide practical guidance that protects your business interests.
Call me at Kelley Kronenberg to discuss how the Giambrone case and Florida’s evolving marijuana laws impact your workplace policies. We’ll review your current situation and make sure you’re protected.
David S. Harvey
Partner, Labor & Employment
Kelley Kronenberg-Tampa, FL
(813) 223-1697
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