TALLAHASSEE, Fla. — In what could be a first-of-its-kind case, a state appeals court Wednesday upheld the firing of a Florida Department of Corrections officer for using medical marijuana, pointing to federal law and a job requirement that he be able to use guns.
Wednesday’s ruling by the three-judge panel however pointed to marijuana being illegal under federal law and said Velez Ortiz would be committing a felony by using marijuana and possessing a gun. It said correctional officers, in part, are required to qualify with firearms and be able to be issued guns in situations such as prison riots.
The case has drawn attention in law-enforcement circles, with the Florida Sheriffs Association and the Florida Police Chiefs Association last year filing briefs in support of the Department of Corrections. Briefs filed by the sheriffs association and Velez Ortiz described the dispute as being a case of “first impression” in Florida — a legal expression indicating the issues had not been considered previously by courts.
But lawyers for the state wrote in a brief that the Department of Corrections’ drug-free workplace policy and “procedures implementing that policy reveals zero tolerance for employee use of medical marijuana.”