By MES Dispatch Staff
The Briefing
- Angelo Giambrone, a Hillsborough County Fire Rescue paramedic fired in 2019 for testing positive for marijuana, plans to appeal his case to the Florida Supreme Court after a district court reversed a lower court ruling in his favor.
- Circuit Judge Melissa Polo ruled in December 2024 that Hillsborough County must accommodate employees using physician-authorized medical marijuana; the Second District Court of Appeal disagreed on July 31, stating medical marijuana cards do not constitute prescriptions under the firefighters’ bargaining agreement.
- Giambrone sought medical marijuana treatment for PTSD, anxiety, and sleep disorder issues authorized by his physician; his paramedic license was not suspended or revoked by the Department of Health.
- The Florida Attorney General’s Office argued the state has a compelling interest in maintaining drug-free paramedic and EMT personnel; the federal government recently reclassified medical marijuana as Schedule III, acknowledging acceptable medical uses and lower dependence risk.
- The Hillsborough County Fire Rescue union supports preventing on-duty impairment while opposing punishment for physician-authorized off-duty medical treatment.
TALLAHASSEE, FLA. — A Hillsborough County Fire Rescue paramedic fired for medical marijuana use has announced plans to appeal his termination case to the Florida Supreme Court, raising questions about employment policies and evolving federal standards regarding medical marijuana classification.
Angelo Giambrone was placed on unpaid administrative leave in 2019 after testing positive for marijuana during a required drug screening. Giambrone sued Hillsborough County for employment discrimination, claiming his physician recommended medical marijuana to treat PTSD, anxiety, and sleep disorder conditions.
Circuit Judge Melissa Polo issued a ruling in December 2024 in favor of Giambrone, determining that Hillsborough County must reasonably accommodate employees who tested positive for marijuana if their use was medically authorized by a physician.
The Second District Court of Appeal reversed Polo’s decision on July 31. Judge Suzanne Labrit wrote in the appellate decision that although a medical marijuana card may resemble a prescription in function and appearance, it does not satisfy the legal standards outlined in the fire rescue employees’ collective bargaining agreement.
The appellate court emphasized that its ruling was narrowly tailored to Hillsborough County and the specific firefighters’ bargaining agreement structure, noting that the decision may not apply to other jurisdictions or employment contexts.
Giambrone plans to petition the Florida Supreme Court to review the appellate decision, his attorney Michael Minardi stated. Minardi argued that the Department of Health did not suspend or revoke Giambrone’s paramedic license despite his medical marijuana use, preserving his professional ability to administer life-saving medical care.
“I think the glaring thing that they didn’t recognize is that the Department of Health did not suspend, revoke or take away his license to be a paramedic,” Minardi said. “He still has the ability, despite his medical use, to be able to administer life-saving care to people that he came across in his position.”
The Florida Attorney General’s Office submitted an amicus brief opposing Giambrone’s reinstatement claims, arguing the state has a compelling interest in maintaining substance-free standards for paramedics and emergency medical technicians.
“Floridians deserve to know that the people charged with saving their lives will not only respect federal law but also refrain from voluntarily impairing their cognitive abilities during their terms of service,” the attorney general’s office stated.
The federal government recently reclassified medical marijuana products to Schedule III substance status, acknowledging recognized medical applications and lower dependence risk compared to Schedule I drugs, which lack accepted medical uses. Minardi stated he believes this federal reclassification provides grounds for overturning Giambrone’s employment termination.
Hillsborough County has indicated it will not modify its zero-tolerance drug policy regardless of federal reclassification status, according to Minardi.
The Hillsborough County Fire Rescue union, Local 2294, stated it supports zero-tolerance policies for on-duty impairment but opposes disciplinary action against firefighters for physician-authorized off-duty medical treatment. Union President Tim Pearson stated the policy discussion should focus on fitness-for-duty standards and treatment alternatives addressing sleep disorders, fatigue, and PTSD affecting emergency services personnel.
“The conversation should be about fitness for duty, non-addictive treatments for sleep disorders/fatigue/PTSD and the mental health challenges of first responders,” Pearson stated.
Jodi James, president of the Florida Cannabis Action Network, stated that Florida law should align with the recent federal reclassification of medical marijuana.
“It is no longer a question whether we have a right to use this as medicine. We do,” James said. “I think it’s certainly time for Florida law to catch up.”