“They must have the exact same rights and restrictions as any other patient.”
By Mitch Perry, Florida Phoenix
Samuel E. Velez Ortiz was fired in 2021 as a corrections officer at the Florida Department of Corrections after a random test revealed cannabis metabolites. He continues to fight his termination in state court, but a new bill introduced by South Florida Democratic State Sen. Tina Polsky will ensure that this type of action cannot happen again to a state worker who is also a patient of medical marijuana.
The Public Employee Protection Act, ( AB 166 ) protects state employees from “adverse action” because they are qualified patients for medical marijuana.
Polsky filed similar legislation which would have protected all Floridians with medical cannabis, but it is only applicable to state employees.
Michael Minardi is representing Velez Ortiz, a Tampa-based lawyer who has been advocating for cannabis law reform since the 1990s. He claims to have another case pending with Hillsborough County involving a firefighter that was using Xanax for sleep, but switched to cannabis after feeling excessively groggy.
Minardi believes that cannabis users who use cannabis only at home, not while on duty for their employer, should be given the same rights and restrictions as other patients. They shouldn’t have the right to get high on their lunch breaks and then come back and impact their job. “Nobody wants that. But I also don’t want someone using opiates at work.”
According to Legal Briefs submitted nearly a year ago to the Florida First District Court of Appeal by Velez Ortiz, he is a veteran with PTSD. He did not want “to be forced to take harmful prescription medication” again and chose to challenge the rule. According to the briefs, the Department of Corrections admits that the random tests he underwent were not done because he was impaired or incapable of performing his duties.
Velez Ortiz has had his medical marijuana certificate since 2018, or three years before the positive test was conducted in May 2021. His attorneys claim that despite Mr. Velez Oriz’s medical marijuana use over the past three years, no one complained about him being unable or suspected of being intoxicated at work.
In June , the First District Court upheld Department of Corrections’ decision to terminate his job last year. has now asked Velez Ortiz to ask the Florida Supreme Court for the case. The proceedings are still in the preliminary stage.
Polsky’s proposal states that a public employee “may take adverse personnel action” against an employee if they establish “by a majority of evidence” that medical cannabis use is affecting the employee’s abilities to perform their job duties or responsibilities. The proposal also states that a public employee may be considered to have impaired ability to perform duties or responsibilities if they display specific, articulable symptoms during work which negatively affect their performance.
Medical cannabis is now allowed in 38 states. According to the National Conference of State Legislatures, about half of these states have anti-discrimination policies for medical cannabis patients.
Chris Cano, the executive director of Suncoast NORML is now on the NORML board. He is a strong advocate of the bill, but is not optimistic that it will be passed by the GOP-controlled Legislature.
He told The Phoenix that “when it comes to marijuana policies, the GOP appears content to pat themselves back for a well-done job despite an industry riddled with corruption, lack of diversity and the continuing discrimination of almost 1 million medical marijuana users in both employment as well as medical treatment.”
According to the Office of Medical Marijuana Use, there are 864 816 patients who qualify for medical marijuana.
A similar bill has not been filed in the Florida House. The 2024 legislative sessions officially begins on Tuesday, January 9, 2019.
This article was originally published by Florida Phoenix .
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Martin Alonso is the photographer of this photo.
The original post Florida Senate bill would protect state workers from being fired for medical marijuana use was first published on Marijuana moment.
