TALLAHASSEE — A Hillsborough County firefighter-paramedic who was terminated for using medical marijuana is preparing to take his legal battle before the Florida Supreme Court. Angelo Giambrone’s challenge against his employer comes at a time when federal drug policies are shifting, creating tension between state regulations and evolving national standards regarding cannabis use.
Legal Battle Over Employment Rights
In 2019, Hillsborough County placed Giambrone on unpaid administrative leave after he tested positive for marijuana. He subsequently sued the county for discrimination, arguing that his physician recommended medical marijuana to treat post-traumatic stress disorder (PTSD), anxiety, and sleep disorders. In December 2024, Judge Melissa Polo ruled in favor of Giambrone, stating that the county must accommodate employees who test positive for marijuana if their use is medically prescribed.
However, judges on the Second District Court of Appeal overturned this decision last Wednesday. Writing in the order, Judge Suzanne Labrit noted that while a medical marijuana card may resemble a prescription, it does not function as one under Hillsborough’s collective bargaining agreement for fire rescue employees. The court emphasized that its ruling is narrow and specifically affects only Hillsborough County and its firefighters’ bargaining agreement.
Conflict Between State Law and Federal Reclassification
Giambrone plans to appeal the appellate court's decision, according to his attorney Michael Minardi. Minardi argued that the Department of Health did not suspend or revoke Giambrone’s paramedic license, meaning he retains the ability to administer life-saving care despite his medical use.
The Florida Attorney General’s office filed an amicus brief supporting Hillsborough County, asserting a "profound interest" in ensuring emergency medical technicians remain drug-free. The brief stated that Floridians deserve assurance that first responders will respect federal law and refrain from voluntarily impairing their cognitive abilities during service.
Despite the state's stance on public safety, the federal government recently moved to reclassify certain medical marijuana products as Schedule III substances. This change acknowledges acceptable medical uses and a lower risk for dependence compared to Schedule I drugs. Minardi contends this federal shift provides no basis for denying Giambrone’s return to work.
Union Perspectives on First Responder Health
The Hillsborough County Fire Rescue union supports zero-tolerance policies regarding on-duty impairment but argues against punishing employees for physician-authorized off-duty treatment. Tim Pearson, president of Local 2294, stated that the conversation should focus on fitness for duty and non-addictive treatments for sleep disorders or PTSD.
Jodi James, president of the Florida Cannabis Action Network, echoed these sentiments, stating it is time for Florida law to catch up with recent federal changes. "It is no longer a question whether we have a right to use this as medicine," she said. The case remains pending before the state’s highest court.
