This week, a Nevada commission will be hearing public comments on a proposal to change the hiring standards for police officers in order to allow candidates previously disqualified from law enforcement jobs due to marijuana-related crimes to apply for positions.
The state Commission on Peace Officer Standards and Training is considering a change at its meeting on Thursday. This would amend the regulations that prevent someone from becoming a Peace Officer if they are convicted of an offence involving the illegal use, sale or possess of a controlled drug.
The new language states that the restriction does not apply to “a person who was convicted of a crime involving the illegal use, sale, and possession of marijuana, if the offence is not illegal at the time when the person submits a certification application as a law enforcement officer.”
The notice of intent states that the change will increase the number of candidates who are eligible to apply for law enforcement jobs and “aid agencies to fill much-needed positions.” It also says there won’t be any adverse effects or additional costs to the regulators.
The public can comment in person on the proposal at the meeting that will be held in the Napa Room B at the Southpoint Hotel & Casino in Las Vegas, at 8 am.
The change would not be approved if the officers were to use marijuana once they are employed. However, it would be a significant change in policy, particularly given the fact that the rules currently written emphasize the zero-tolerance for marijuana.
The current administration manual states: “As with any other psychoactive drug, POST believes that marijuana use is not appropriate in the policing field.” “POST strongly encourages all law enforcement agencies in the state to adopt [sic] policies that prohibit the recreational or medical use or marijuana on or off duty.”
The new regulation goes as far to state that those who only possess a medical cannabis card issued by the state are “prohibited” from attending POST training, including Basic Training Academy. It is unclear whether the commission will continue using this language if it adopts the proposed regulations.
The POST commission submitted a proposed rule change to the POST in May.
A Las Vegas policeman was fired in 2019 after testing positive for THC-metabolites. He sued the department and in 2021 a district court judge ruled that zero tolerance policy for cannabis is “untenable”, while agreeing that state law protects employees who use marijuana legally outside of the workplace.
Nevada’s leaders recently approved several adjustments to marijuana laws. In June, they adopted a package that increased the limit of personal possession in the state and expanded eligibility for business licenses.
Gov. Joe Lombardo, (R), also signed legislation in that same month to establish a new group to study psychedelics as well as develop a plan for regulated access to therapeutic purposes.
In May, the Nevada State Athletic Commission voted to send a regulatory amendment to the Governor to protect athletes against being penalized for using or possessing cannabis in compliance with the state law.
This summer, regulators began to approve the first conditional licenses for marijuana consumption lounges .
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Photo by Mike Latimer.
The article Nevada Commission Seeks Comment on Plan to Let People with Marijuana Criminal Convictions Become Officers first appeared on Marijuana Moment.
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