Florida CAN supports legislation and legal actions that protect patients.
15th Circuits Says Yes to Employment Rights

By Mitch Perry
An attorney representing Hillsborough County has filed an appeal in the state’s Second District Court of Appeal of a ruling that could have statewide implications in solidifying protections for employees who are lawful medical marijuana patients under Florida law.
Angelo Giambrone was an EMT with Hillsborough County since 2008 who also happened to be a qualified medical marijuana patient, as he said he suffered from anxiety, insomnia, and PTSD. He was put on unpaid administrative leave in 2019 after testing positive for cannabis use following a random drug test.
In 2020 he sued the county, alleging that it was a violation of the Florida Civil Rights Act for failure to accommodate him as disabled individual; that he was wrongfully terminated because the county refused to accept his state-issued medical marijuana card as justification for his positive test results; and that the county had failed to update its Drug Free Workplace Policy pursuant to the Florida Civil Rights Act.
Demand Science-Based Practices
In 2024, FLCAN developed the white paper: “Comprehensive Overview of Contemporary Science.” The review examines the mandatory form developed by the Florida Board of Medicine. The form must be signed by a patient at each renewal or they cannot be added into the Medical Marijuana Use Registry.
Key Findings:
- Form DH-MQA-5026Should Be Discontinued:
- Our comprehensive analysis reveals significant shortcomings in the existing Form DH-MQA-5026, currently used by medical marijuana physicians to advise patients requesting a medical marijuana recommendation. Based on contemporary scientific evidence, we recommend that the Florida Board of Medicine immediately discontinue its use.
- The form’s outdated design and lack of alignment with current medical knowledge hinder accurate data collection and patient safety.
- Rulemaking for a New Form:
- FLCAN calls upon the Florida Board of Medicine to initiate rulemaking procedures for the development of a new, evidence-based mandatory concentration form.
- The new form should incorporate modern scientific insights, ensuring better patient outcomes and streamlined reporting.Legislative Revision of Florida Statute 381.396:
- Our report underscores the urgency of revising Florida Statute 381.396, which governs medical marijuana use.
- By updating this statute to reflect contemporary scientific understanding, Florida can enhance patient care, promote transparency, and align with best practices.
