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.
A three-judge panel of the 1st District Court rejected arguments by Samuel Velez Ortiz, a former sergeant for the Department of Corrections who was approved by a doctor to use medical marijuana to treat post-traumatic stress disorder related to previous military service, according to documents filed in the case.
Velez Ortiz failed a random drug test in 2021, ultimately leading to his firing under a Department of Corrections “zero tolerance” policy. He challenged the firing and took the dispute to the 1st District Court of Appeal after the state Public Employees Relations Commission backed the dismissal
Florida voters in 2016 approved a constitutional amendment that allows the use of medical marijuana.
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.
“Because Mr. Velez Ortiz uses medicinal marijuana to treat his post-traumatic stress disorder, he is a regular user of marijuana,” said the ruling, written by Judge Clay Roberts and joined by Judges Stephanie Ray and M. Kemmerly Thomas. “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. 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.”
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.
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