Firing DoC Officer, PTSD Sufferer For Using Medical Cannabis Is Justified: Florida Court

A state appeals court in Florida ruled on Wednesday that firing a Florida Department of Corrections officer over medical cannabis use is legitimate, reported CBS Miami.

A three-judge panel of the 1st District Court backed its decision to reject arguments by Samuel Velez Ortiz, a former sergeant for the Department of Corrections, with the fact that cannabis is still considered an illegal substance on the federal level. Moreover, one of the job requirements included the ability to use guns.

In the Sunshine State, those using medical cannabis are barred from firearms possession.

"Although he can legally possess and use medicinal marijuana under state law, his use of it is illegal under federal law. Accordingly, he cannot lawfully possess a firearm," the ruling, written by Judge Clay Roberts and joined by Judges Stephanie Ray and M. Kemmerly Thomas, said. "Each time he does, he is committing a felony. And each year, he is required to possess a firearm to qualify. As a result, he is violating his requirement to maintain good moral character, which is required to keep his correctional officer certification."

Ortiz has been using medical marijuana for his post-traumatic stress disorder, resulting from his former time in the military, as seen in the official records associated with his case.

The incident took place in 2021. After getting fired for failing a random drug test due to the department's "zero tolerance" policy, he challenged the decision by taking the dispute to the 1st District Court of Appeal. Before that, the state Public Employees Relations Commission sided with DOC.

Cannabis Consumers Shouldn't Face Federal Gun Ban

Meanwhile, a separate push to change state policy concerning marijuana and guns got support from The National Organization for Reform of Marijuana Laws (NORML) recently in the form of n' amicus curiae' brief to the U.S. 11th Circuit Court of Appeals.

The case seeks to secure the Second Amendment rights of people who are lawfully prescribed medical marijuana in their respective states. Florida-based plaintiffs argue that medical marijuana patients should not be solely debarred from firearms possession due to their decision to use medical cannabis.

Photo: Courtesy of AJEL, lindsayfox by Pixabay