NYPD says it will stop testing cops for weed, then reverse course
A New York City Police Department memo released Wednesday alerted officers that they would no longer undergo drug tests for cannabis, although the department quickly reversed course and announced that investigations into weed would continue while the policy is reviewed.
“The New York City Department of Justice has directed the NYPD to halt all random, scheduled, and pre-employment marijuana testing,” an NYPD spokeswoman said early Wednesday. “The Department will continue to screen staff for marijuana when there is evidence of impairment and is reviewing its current policies in light of this policy.”
The Legal Department’s July 11 memo said that such screenings for marijuana are inconsistent with last year’s Marijuana Regulation and Taxation Act, which bans the impact on employees for off-duty recreational cannabis use. After receiving the direction from the city’s Legal Department, the NYPD Commissioner of Legal Affairs sent a memo to department heads to inform them of the policy change.
“The reason for this determination is that there is no test for marijuana that is conclusive for current intoxication, so it is impossible to determine from a drug test alone whether an employee is positive because of improper use on the job or use during the statutory break.” was tested for marijuana -hour use,” the NYPD memo said.
“As such, effective immediately, the Department should only test a service member for marijuana if there is a reasonable suspicion that the member will be adversely affected by marijuana at work in a way that will affect his or her job duties, or if a state requirement requires it.” Testing for marijuana use, such as B. Titles that require a commercial driver’s license,” the NYPD memo continues.
Messages went back quickly
However, an NYPD spokesman said later in the day that police department chiefs had spoken with legal officials about potential conflicts with policy and federal law. In the meantime, the implementation of the directive has been put on hold.
“While these discussions continue, there is no change in NYPD policy, procedure or testing protocol regarding the use of marijuana by uniformed members of the service,” the spokesman announced.
NYPD Chief Keechant Sewell subsequently issued a memo to all commanders noting that police officers are still prohibited from smoking weed and writing that “existing departmental policies prohibiting the use of marijuana remain in effect.” Members of the service are not permitted to use cannabis on or off duty and will continue to be subject to random, scheduled and reasoned drug testing.”
Jennifer Cabrera, an attorney with the New York office of cannabis law firm Vicente Sederberg, said police officers should be exempted from drug screening for cannabis.
“NYPD officers should be free, like any other New York resident, to use cannabis recreationally,” Cabrera wrote in an email to the High Times. “Just as public officials can enjoy a drink or visit a bar during their leisure time, they should be able to enjoy cannabis responsibly.”
FDNY ends testing for Pot
The legal department’s directive was also apparently issued to the chiefs of the New York City Fire Department. A representative of the Uniformed Firefighters Association (UFA), the union representing the city’s firefighters, said its members would no longer be drug tested for cannabis.
“UFA has been informed that new ministry guidelines are forthcoming regarding changes to the current FDNY drug testing policy,” UFA said. “We have been informed that the department will no longer randomly test members for marijuana use.”
The union also noted that firefighters are not allowed to be high at work.
“Members are reminded that they must be fit for duty when reporting for work, and members may continue to be tested at work if they appear unfit,” the union said.
A spokesman for the New York State Police told reporters that the agency has not changed its policy and will continue to test its officers for drugs, including cannabis. Under the policy, officers are subject to both random and scheduled drug testing.
Last year, the National Organization for Marijuana Law Reform released a statement calling for an end to drug testing for cannabis in the workplace.
“Unsuspected marijuana testing in the workplace, such as pre-employment drug testing, is not, and never will be, an evidence-based policy,” wrote NORML Associate Director Paul Armentano. “Rather, this discriminatory practice is a holdover from the zeitgeist of the ‘War on Drugs’ of the 1980s. But the times have changed; Attitudes have changed, and in many places marijuana laws have changed. It is time workplace policies adapted to this new reality and stopped penalizing employees for activities they engage in outside of work hours that do not pose a risk to workplace safety.”
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