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Florida teacher fired for medical marijuana use - ABC7 News

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BREVARD COUNTY, Fla. – A teacher in Brevard County School District was fired for her use of medical marijuana.

Pamella Seay, a marijuana law professor at Florida Gulf Coast University, said if a school district has a policy saying marijuana use isn’t allowed and termination is a result, then the school has the right to fire the teacher.

Some residents in our area said why the teacher was using the drug should be a factor in determining their future with the district.

“I think she should get her job back,” Tony Uliano of Fort Myers said.

Medical marijuana use is legal in the state of Florida but is still illegal under federal law.

“I’ve known many people that are on medical marijuana because they’re in so much pain,” said Carol of Minnesota.

Pain is one of the main reasons you hear of someone using medical marijuana, however, it all comes back to the school’s policy.

“You always look at the policy first, ‘what is the written rule that will apply,’ if there are rules in place that say marijuana use drug use of any kind is not permitted in the workplace if it should have an impact on your job you can be fired then yes she can be fired,” said Seay.

According to the Lee County School District Employee Handbook, legal drugs prescribed by licensed physicians for specific medical use may be necessary at times. It did not specify if it’s referring to federal or state law. It did mention an employee could be fired for using the drug beyond its prescribed purpose.

Retired teachers Carol and her husband Jerry never heard of situations like this when they were teaching but agree the school should look at the facts.

“Marijuana remains in your system so there’s no way to know when that marijuana use may have occurred and whether or not it had a very specific impact on that incident,” Seay said.

ABC7 did reach out to the school districts in our area to find out their policies when it comes to cases like this. We have not heard back.

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