TALLAHASSEE – A point out appeals courtroom Wednesday upheld the firing of a Florida Section of Corrections officer for using health care marijuana, pointing to a federal regulation and a position need that he be able to use guns.
A three-choose panel of the 1st District Court docket turned down arguments by Samuel Velez Ortiz, a former sergeant for the Section of Corrections who was authorised by a health practitioner to use healthcare cannabis to take care of put up-traumatic pressure dysfunction connected to former armed forces provider, in accordance to paperwork filed in the scenario.
Velez Ortiz failed a random drug check in 2021, eventually primary to his firing underneath a Department of Corrections “zero tolerance” plan.
He challenged the firing and took the dispute to the 1st District Court of Appeal right after the condition General public Workforce Relations Fee backed the dismissal
Florida voters in 2016 accepted a constitutional amendment that will allow use of health care marijuana.
But Wednesday’s ruling by the 3-decide panel pointed to marijuana staying illegal underneath federal law and reported Velez Ortiz would be committing a felony by making use of cannabis and possessing a gun.
It claimed correctional officers, in component, are needed to qualify with firearms and be ready to be issued guns in cases these kinds of as prison riots.
“Because Mr. Velez Ortiz makes use of medicinal marijuana to handle his submit-traumatic pressure condition, he is a normal user of marijuana,” mentioned the ruling, composed by Judge Clay Roberts and joined by Judges Stephanie Ray and M. Kemmerly Thomas.
“Though he can lawfully possess and use medicinal marijuana less than condition regulation, his use of it is unlawful below federal legislation. Appropriately, he can not lawfully have a firearm. Every single time he does, he is committing a felony. And each calendar year, he is essential to have a firearm to qualify. As a outcome, he is violating his prerequisite to manage great moral character, which is expected to maintain his correctional officer certification.”
The case has drawn interest in legislation-enforcement circles, with the Florida Sheriffs Affiliation and the Florida Law enforcement Chiefs Affiliation very last year filing briefs in aid of the Section of Corrections.
Briefs filed by the sheriffs association and Velez Ortiz explained the dispute as currently being a scenario of “1st impact” in Florida — a legal expression indicating the troubles experienced not been regarded formerly by courts.
In a quick past yr, Velez Ortiz’s lawyers cited the 2016 condition constitutional modification and mentioned the officer did not use clinical cannabis when on responsibility.
“The department makes an attempt to cloud the most important situation of this scenario by disregarding the reality that appellant (Velez Ortiz) was terminated for currently being a authorized medical marijuana user,” the attorneys wrote in the short.
“The department indicates that appellant was trying to find to use health care cannabis ‘on website.’ Nothing could be more from the real truth. The case prior to this court docket is not about owning lodging for on-internet site use of professional medical cannabis somewhat, it revolves all-around the discrimination against appellant for getting a health-related cannabis consumer. Far more importantly, not at the time did appellant have or use clinical marijuana although on the department’s premises, all through work hours or attended perform underneath the impact of professional medical marijuana.”
But attorneys for the state wrote in a quick that the Office of Corrections’ drug-absolutely free place of work plan and “strategies utilizing that coverage reveal zero tolerance for personnel use of professional medical cannabis.”
“Velez Ortiz does not dispute that the office may perhaps validly prohibit correctional officers from remaining underneath the influence of cannabis, which include medical marijuana, even though on the work, no make any difference regardless of whether the officer ingested that compound on or off site,” the state’s brief reported.
“Nevertheless the department has no way to distinguish concerning an officer who is substantial on the position for the reason that he ingested healthcare marijuana from a person who ingested the same drug off-site. The consequence would be untenable dangers to public security. A correctional officer who exhibits up to work higher or going through the lingering effects of marijuana — such as absence of focus and delayed response occasions — may well not induce alarm bells until the worst-circumstance scenario has currently arrive to move.”
Velez Ortiz commenced performing for the Office of Corrections in 2013 and had been diagnosed by the U.S. Office of Veterans Affairs with battle-related write-up-traumatic pressure dysfunction, according to the choice by the Community Personnel Relations Fee that supported the firing.
He experimented with prescription medication to address the PTSD, but they experienced undesired side results.
The briefs do not say in which Velez Ortiz worked as an officer.
But a July 2021 dismissal letter filed in the circumstance was signed by a warden of the department’s Reception and Health-related Heart in Lake Butler.
