Angelo Giambrone’s Lawsuit Against Hillsborough County Fire Rescue Wins in Court

A Florida judge has ruled in favor of a paramedic who was fired for testing positive for THC despite being a registered medical cannabis patient. The case, which centers on the wrongful termination of Angelo Giambrone by the Hillsborough County Fire and Rescue Department, marks a significant victory for medical marijuana patients and raises important questions about workplace discrimination and medical accommodations.

The Legal Battle: A Wrongful Termination Claim

In 2019, Giambrone, who had been employed as a paramedic with the Hillsborough County Fire and Rescue Department for over a decade, was terminated after he tested positive for THC during a random drug test. At the time, Giambrone had a valid state-issued medical cannabis card and was using cannabis as part of his treatment for insomnia, anxiety, and PTSD. Giambrone filed a wrongful termination lawsuit in June 2020, arguing that his off-duty use of cannabis should not have impacted his employment status.

On Tuesday, Hillsborough County Judge Melissa Polo ruled in favor of Giambrone, affirming that the fire department’s decision to fire him violated the Florida Civil Rights Act. The ruling acknowledged that Giambrone, due to his medical conditions, was considered a disabled individual under Florida law. As such, the judge determined that the department was required to provide reasonable accommodations for his off-duty medical cannabis use, much like they would for any other prescription medication.

Impact of the Ruling: Legal Precedent for Medical Cannabis Patients

Judge Polo’s ruling has the potential to set a legal precedent for other medical cannabis patients in Florida. Giambrone’s attorney, Michael Minardi, called the verdict “obviously correct” and emphasized that it should help ensure that medical cannabis patients are no longer discriminated against in the workplace.

“We think this is obviously a correct verdict and hopefully will allow marijuana patients to stop being discriminated against when they’re using medicine so they can be functional human beings in life again,” Minardi said in a statement to Florida Phoenix. He also highlighted that under the Florida Civil Rights Act, employers must provide reasonable accommodations for employees taking prescribed medications, including medical cannabis.

The Florida Civil Rights Act: A Key Factor in the Case

Florida’s Civil Rights Act prohibits discrimination based on disability, and Judge Polo’s ruling hinged on the idea that Giambrone’s use of medical cannabis was tied to his status as a disabled individual. Given his medical conditions, including PTSD and anxiety, Giambrone was legally entitled to the same protections as other individuals using prescribed medications.

The case underscores the growing tension between state-level cannabis legalization and workplace drug testing policies. Although cannabis is legal for medical use in Florida, many employers continue to uphold strict drug testing policies that do not differentiate between medical use and recreational use, often leading to discrimination against patients like Giambrone.

Hillsborough County’s Response and Next Steps

While the ruling was a win for Giambrone, it also raised questions about how employers in Florida and across the U.S. will handle similar cases in the future. Hillsborough County officials expressed disappointment with the decision and are considering their next steps.

“Following the recent court ruling involving a former employee of Hillsborough County Fire Rescue and the use of medical marijuana, Hillsborough County is carefully evaluating possible next steps related to the case,” said a spokesperson for the county.

Back Pay, Damages, and the Future of Medical Cannabis Employment

In addition to the ruling on wrongful termination, Judge Polo awarded Giambrone back pay, compensatory damages, and attorney fees. This decision not only restores Giambrone’s employment rights but also serves as a reminder of the financial and emotional costs of employment disputes involving medical cannabis.

For Giambrone, the victory represents more than just financial compensation—it is a personal triumph that highlights the importance of protecting the rights of medical cannabis patients in the workplace.

Looking ahead, this case could pave the way for more robust protections for medical cannabis users in Florida and beyond. As medical marijuana laws continue to evolve across the country, it will be crucial for both employers and employees to understand the legal complexities surrounding the use of cannabis in the workplace.

A Step Toward Broader Cannabis Patient Rights

This ruling is an important milestone in the ongoing debate over cannabis use in the workplace, especially as medical marijuana becomes more widely accepted in states like Florida. As more legal challenges arise, it is likely that courts across the country will continue to grapple with how to balance the rights of medical cannabis users with workplace policies. Giambrone’s victory offers hope to other medical cannabis patients who may face discrimination in their professional lives, signaling a potential shift toward more inclusive and fair policies for cannabis patients in the workforce.

As this legal issue continues to unfold, it will be crucial to follow the actions of Florida officials and other states, as they evaluate the implications of this ruling and its impact on workplace drug testing and medical cannabis accommodation.