Navigating Medical Cannabis in Florida Workplaces

A 2019 case involving a Hillsborough County paramedic who tested positive for cannabis despite holding a medical marijuana card highlights a growing workplace dilemma. The court ruled in his favor under Florida’s Civil Rights Act, raising questions about whether public employers must offer accommodations for medical marijuana patients (Giambrone v. Hillsborough County, Fla. 13th Circuit Court).

Although medical marijuana is legal in Florida, it remains prohibited under federal law. Employers are not required to allow on-duty use, and safety is a central concern. Cheryl Brown Merriwether, vice president and executive director of the Net Institute Center for Addiction and Recovery Education, says, “Employers may continue to enforce zero tolerance policies… but they need to be aware that case law is evolving.”

As an HR professional, she encourages employers to create a “recovery-friendly environment that balances compliance with care, helping create a safe, supportive workplace for all stakeholders.”

She also advised that liability is especially critical in “safety-sensitive” industries such as healthcare, law enforcement, and construction. The National Safety Council (NSC) also warns that cannabis use in these roles increases the risks of injury or death.

Nick Hartman, co-founder of the Drug Screening Compliance Institute, agrees and stressed, “Clear policies help employers support staff while maintaining safety and compliance in these high-stakes roles.”

Hartman adds that drug testing adds a level of complexity because urine screens cannot determine when cannabis was used, complicating impairment decisions. He says, “The only tool that's out there that exists today that we would recommend is oral fluid or saliva drug testing” because these tests can better indicate more recent use. 

Visit bit.ly/MMERISeptember2025 to watch MMERI’s Conversations on Cannabis Virtual Forum featuring human resources experts Cheryl Brown Merriwether and Nick Hartman, discussing “Medical Cannabis in the Workplace.”