Florida Supreme Court Case Challenges Firing Of Corrections Officer Over Medical Marijuana Use

A case before the Florida Supreme Court has brought into question whether the Department of Corrections acted correctly when firing a corrections officer due to his off-duty use of medical marijuana.

The case, titled Velez Ortiz v. Florida Department of Corrections, questions the employment and constitutional rights of a corrections officer who used medical marijuana to treat PTSD.

Samuel Velez Ortiz argues that this action violates both the Florida Constitution's endorsement of medical marijuana and recent U.S. Supreme Court rulings regarding the right to bear firearms.

Florida's First District Court of Appeal upheld the termination, as Velez Ortiz now contends that it contravenes both the state and federal laws.

Challenging Federal Law

The state Public Employees Relation Commission supported the firing, stating that Velez Ortiz's medical marijuana use made him ineligible to carry a firearm, which was a requirement of his job under federal law.

Velez Ortiz's petition references the 2022 New York State Rifle Pistol v. Bruen case, which affirmed the public's right to carry firearms for self-protection. Federal courts have also upheld the rights of sober individuals to bear arms, even if they occasionally use marijuana.

Velez Ortiz's lawyers argue that the lower court's opinion sanctions medical marijuana patients and strips them of their employment and firearm rights, even though they use it legally to treat medical conditions.

Velez Ortiz had PTSD and never worked under the influence; he was flagged for cannabis metabolites during a random drug test.

In 2016, Florida voters added an amendment to the state Constitution, allowing medical marijuana for specific conditions, with the state regulating its cultivation and sale. However, federal law still classifies marijuana as a controlled substance.

Florida's Response

Florida's response asserts that federal law prohibits "prohibited persons" from possessing firearms, which includes those using controlled substances like marijuana. They maintain that corrections officers must have good moral character, precluding felonious conduct, such as marijuana use, to maintain their certification, reported Michael Moline for local media. 

Photo by Hédi Benyounes on Unsplash.