Florida Court Upholds Employers’ Marijuana Policies in Union Contracts
Florida appellate court upholds employer rights to enforce marijuana policies in public union contracts.
Why it matters: This ruling clarifies that Florida employers are not required to accommodate medical marijuana use, affecting drug policy enforcement and union contract negotiations. It guides BigLaw and corporate counsel on how to manage marijuana restrictions within collective bargaining agreements.
- On July 29, 2026, Florida’s Second District Court of Appeal ruled in Hillsborough County v. Giambrone against accommodating off-duty medical marijuana use.
- The court found the collective bargaining agreement did not consider medical marijuana as a prescribed medication.
- Florida law does not create a private cause of action for wrongful discharge or require employers to accommodate medical marijuana use.
- This decision overturns a 2024 circuit court ruling that had required accommodation for off-site medical marijuana use.
In the July 29, 2026 ruling of Hillsborough County v. Giambrone, Florida's Second District Court of Appeal confirmed that employers can enforce drug-free workplace policies even when employees hold valid medical marijuana cards. This case involved Angelo Giambrone, a paramedic who tested positive for marijuana in a random drug test in February 2019.
The appellate court emphasized that the specific language contained within the collective bargaining agreement (CBA) between Hillsborough County and its union governs the treatment of marijuana use. Attorneys Leonard J. Dietzen, III and Derek M. Dzwonkowski noted that the court concluded medical marijuana was not recognized as a "prescribed medication" under the terms of the CBA. As a result, the county was not obligated to accommodate Giambrone's medical marijuana use, nor was it required to treat his medical marijuana card as a valid defense against his positive drug test.
The court's ruling aligns with Florida's statutory and constitutional framework. The Florida Medical Marijuana Use Act explicitly states that employers are not required to accommodate the medical use of marijuana either in the workplace or during working hours. Additionally, the state law does not create a private cause of action for employees seeking protection against wrongful discharge or discrimination based on medical marijuana use.
This decision overturns a limited 2024 ruling by a Florida circuit court that had found employers must accommodate off-site medical marijuana use under the Florida Constitution. The appellate court's ruling thus reinforces the authority of employers to maintain drug-free workplace policies, particularly when such policies are clearly outlined in collective bargaining agreements.
For legal professionals advising major corporations and public employers, this ruling underscores the importance of carefully drafting and reviewing CBAs and workplace policies related to drug use. It also signals the importance of clear communication with unions regarding the limits of medical marijuana accommodation.
More analysis of this ruling can be found at Ogletree Deakins and Rumberger Kirk.
By the numbers:
- July 29, 2026 — Date of Florida appellate court ruling
- February 2019 — Date Angelo Giambrone tested positive for marijuana
- 2024 — Year of circuit court ruling later overturned