A Florida judge this week ruled in favor of a paramedic and medical cannabis patient who was fired from the Hillsborough County Fire and Rescue Department in 2019 after testing positive for THC on a random drug test, the Florida Phoenix reports.
Hillsborough County Judge Melissa Polo said Tuesday in the ruling that officials had failed to accommodate for the off-site, off-duty cannabis use by plaintiff Angelo Giambrone — who was a registered cannabis patient holding a state-issued medical card at the time — and in doing so, had violated the Florida Civil Rights Act. The judge established that because Giambrone suffered from insomnia, anxiety, and PTSD, he was considered a disabled individual under state law.
The judge also ruled that Giambrone was entitled to back pay, compensatory damages, and the attorney fees and other costs related to his case, the report said.
Giambrone had worked for the department as a paramedic for over 10 years before his firing in March 2019, and he filed the wrongful termination complaint in June 2020.
“We think this is obviously a correct verdict and hopefully allow marijuana patients to stop being discriminated against when they’re using medicine so they can be functional human beings in life again,” the plaintiff’s attorney Michael Minardi told the Phoenix.
“”He was considered to be a disabled individual under the Florida Civil Rights Act and therefore employers are required to give those employees accommodations just like anybody else currently is for any other prescription medication.” — Minardi, in the report
Meanwhile, Hillsborough County officials said in a statement Wednesday, “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.”
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