– The First District Court of Appeal upheld the termination of a certified correctional officer who tested positive for marijuana metabolites despite possessing a medical marijuana card.
– The Court clarified that employers of sworn corrections and law enforcement personnel in Florida may prohibit the use of medical marijuana and take adverse employment action for its use, even if the employee has a valid medical marijuana card.
– The Court recognized that Florida law requires correctional officers to possess good moral character, which includes a prohibition on engaging in any conduct that could lead to a felony conviction. 1. Federal law classifies marijuana as a schedule I drug, making it illegal to possess without a valid prescription.
2. Unlawful users of controlled substances, including marijuana, are prohibited from possessing firearms under federal law.
3. Possession of marijuana would constitute a felony offense for correctional and law enforcement officers, violating Florida’s good moral character requirement.
4. The interaction between Florida’s medical marijuana amendment, the Federal Drug Free Workplace Act, and the federal Controlled Substances Act remains unclear.
Please note that these findings were based on a specific court case and may not apply to all situations. – Law enforcement agencies can enforce an outright ban on the use of medical marijuana by sworn personnel.
– Clear policy language should prohibit the use of medical marijuana by sworn staff to avoid confusion.
– Agency heads, general counsel, litigation attorneys, and claims managers should familiarize themselves with recent holding on sworn employees’ right to use medical marijuana.
https://www.rumberger.com/insights/first-dca-permits-law-enforcement-agencies-to-prohibit-sworn-officers-from-using-medical-marijuana/
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