Last month’s ruling by the Florida Second District Court offers employer’s some guidance through the ever-changing landscape of marijuana legalization. With this ruling the court reminds employees that legal does not automatically allow its use in the workplace without consequence.

In Hillsborough County v. Giambrone, a dispute of a paramedic who tested positive for marijuana argued that his authorized medical use should be treated like the use of an over-the counter medication under the applicable collective bargaining agreement (CBA). A claim that was temporarily supported by a lower court and then reversed by the Second Appellate District Court.

The CBA between Hillsborough County and the Hillsborough County Fire Rescue Union establishes the rules regarding drug-use and drug-testing. According to the appellate court decision, the CBA:

• Prohibited employees from using drugs while employed by Hillsborough County Fire Rescue, except alcohol or prescribed medication.
• Defines impairment as a confirmed drug test.
• A negative test is required before returning to work.
• A prescription medication as indicated by Florida’s controlled-substance law.

However, the Second District Court found that the trial court in the previous ruling had misread the CBA and Florida’s medical-marijuana framework. Under the current Florida framework employers are not required to accommodate the use of medical marijuana, whether it occurs on or off duty. Florida law also requires entities who receive public funds or state contracts to establish drug-free workplace policies and programs. Based on this the appellate court reversed the judgment from the lower court.

Why this matters for employers

Although the court warned against the generalization of its ruling, it did bring forth that medical marijuana may be legal, but its use is not required to be accommodated under current state statutes. This is especially important for workplaces of a safety-sensitive nature such as first responders.

The responsibility of an employer to clearly and consistently establish and uphold a drug-free workplace policy can be an essential preventive measure rather than simply a disciplinary tool after harm occurs.

This ruling should encourage employers to outline or reevaluate their current drug-free workplace policies and define the standards that apply to safety-sensitive roles. And include qualified legal counsel for complex cases.

Lastly, public attitudes regarding marijuana use may be shifting due to widespread legalization, but when it comes to the workplace the duty to safety is essential. The inclusion and adoption of clear policies that are applied fairly ensure decision making is grounded in safety, law and sound judgment.

Sources:

Varone, C. (2026, July 29). Florida appeals court reverses medical marijuana ruling involving firefighter-paramedic. Fire Law Blog. https://firelawblog.com/2026/07/29/florida-appeals-court-reverses-medical-marijuana-ruling-involving-firefighter-paramedic/

Golden, R. (2026, July 31). Florida employers can ding workers for off-duty medical marijuana use, state appeals court says. Yahoo News. https://www.yahoo.com/news/politics/articles/florida-employers-ding-workers-off-123400184.html