In July 2026, Florida employers received important guidance on medical marijuana and workplace drug testing in the recent Florida appellate decision Hillsborough County v. Giambrone. The case involved a firefighter-paramedic with a valid Florida medical marijuana card who tested positive for marijuana under his employer’s drug-free workplace program. The court reinforced an important principle for employers: Florida’s medical marijuana law does not automatically require an employer to make an exception to an otherwise lawful drug-free workplace policy simply because an employee has a medical marijuana card.
For Florida HR and risk managers, the decision highlights the importance of having a clear, up to date and consistently enforced Drug-Free Workplace Policy. Employers should specifically address medical marijuana, positive marijuana test results, off-duty use, reasonable-suspicion testing, post-accident testing and safety-sensitive positions. Policies written years ago may not adequately address today’s medical marijuana environment or the practical challenges employers face when an employee presents a medical marijuana card after a positive test.
Employers should also recognize the difference between a positive marijuana test and evidence of workplace impairment. Marijuana testing can identify prior use without necessarily establishing that an employee was impaired at the time of testing. This makes supervisor training and documentation particularly important. Managers should understand how to recognize and document objective signs of possible impairment and when reasonable-suspicion or post-accident testing is appropriate.
Florida employers participating in the state’s statutory Drug-Free Workplace Program under Florida Statute §440.102 should take additional precautions. Maintaining a compliant program requires more than a handbook statement. Employers should identify and follow specific requirements involving employee notice, testing procedures, confirmation testing, Medical Review Officer review, confidentiality and employee challenges to positive results. The Florida statute contains all the details employers need to include in their comprehensive policy. Failure to follow the required procedures can undermine the protections and workers’ compensation benefits the program is intended to provide. To assist clients, Consultstu created a complete Drug Free Workplace Manual for Florida Employers.
The Giambrone decision is a good opportunity for Florida businesses to review policies before the next positive test, workplace accident or medical marijuana issue occurs. Consultstu provides Florida employers with HR and risk management support to create, update and review Florida Drug-Free Workplace policies, including medical marijuana language, reasonable-suspicion procedures, post-accident testing protocols, supervisor documentation and related employee forms.
The Florida Court of Appeals sided with the employer and supported employer policies designed to protect the safety of employees and the public. Key take aways: (1) A medical marijuana card is not a prescription since it is not dispensed from a pharmacist (it is authorized by physician certification); (2) medical marijuana law does not require accommodation and there is no cannabis exception; and (3) employer drug policies are not limited to on-duty conduct and that the governmental employer could reasonably have an expectation of continuous fitness for duty in a safety sensitive, first responder role.
A well-designed drug-free workplace program should protect a Florida employer while providing managers with a practical and consistent process to follow. With Florida’s marijuana laws and workplace issues continuing to evolve, employers should periodically review their policies to make sure their written requirements match both current law and actual workplace practices.
