An EMT employed by Hillsborough County, who suffers from anxiety, PTSD, and insomnia, tested positive for marijuana on a random drug screening. In accordance with the County's Drug Free Workplace policy, the employee presented the County and the testing doctor with a valid state-issued medical marijuana card. Although there was no indication of on-duty impairment or indication that the employee's job performance was impacted by off-duty marijuana use, the County placed the employee on administrative leave without pay. The employee sued the County for failure to accommodate and for failure to accept his state-issued medical marijuana card. The court ruled that the employee was protected under the Florida Civil Rights Act and the employer must reasonably accommodate the off-duty use of medical marijuana by qualified patients.

In light of the decision, additional legislative efforts are emerging in Florida. A newly introduced bill would require public employers to provide reasonable accommodations for medical marijuana users, and a revived 2026 voter initiative aims to legalize recreational marijuana for adults.

While employers must consider reasonable accommodations for off-duty use, they are still allowed to implement drug screening and enforce on-site prohibitions to maintain workplace safety. Florida employers should review and update their drug-free workplace policies if necessary.

Posted: February 5, 2025

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