California law enforcement officials have revised their employment policies to eliminate questions regarding the prior marijuana use of job applicants in compliance with a California governor’s bill signed in October.
is a law that adds to the protections for cannabis employees that were already in place. The law officially takes effect on 1 January. The Commission on Peace Officer Standards and Training announced in a memo sent last week that they have already amended their application forms in order to comply with the new policy.
The law prohibits employers from asking applicants about their previous cannabis use.
The memo states that several forms have been “modified to remove questions about a candidate’s previous cannabis use”.
Forms that were previously ask candidates if they have used illicit drugs within the last six months or their entire life. Now, the revised forms say there is no need to respond if cannabis was the only substance.
The commission stated that applicants for positions as peace officers in the state are still required to disclose any prior convictions including cannabis-related ones.
The California memo came after Nevada officials approved a proposal that would amend the hiring standards for police officers, allowing job candidates previously disqualified due to marijuana-related crimes to be considered for law enforcement jobs.
Nevada Commission on Peace Officer Standards and Training approved the change. It revises regulations that prevents a person who has been convicted for an offense related to the illegal use, sale, or possession of controlled substances from being hired as a peace officer.
In a similar vein, after a Las Vegas Police Officer was fired in 2019 for testing positive for THC-metabolites, he sued the Department. A district judge ruled that in 2021, the zero tolerance policy for cannabis was “untenable,” but agreed with the plaintiff, that state statute protected employees’ lawful usage of marijuana outside the workplace.
Two Jersey City police officers fired after testing positive for cannabis have recently filed lawsuits, arguing that city policy punishing law enforcement who use marijuana off duty, which defies state policy, is merely an attempt by the mayor “to win over more conservative votes needed for his gubernatorial election.”
The city’s mayor announced in April the termination of officers who tested positive to THC, despite the advice from the state attorney general that officers should not be tested for cannabis use off duty.
Matthew Platkin, the New Jersey Attorney General (D), released a memorandum last year stating that agencies could not penalize officers for cannabis use off duty due to New Jersey legalization. Assembly Speaker Craig Coughlin, a Democrat, said he would introduce legislation to address this issue. Some lawmakers, like Senate President Nick Scutari(D), have said they want to keep the off-duty exemption.
Nebraska’s Crime Commission, despite the fact that Gov. Jim Pillen (R), who is opposed to the reform, has rejected proposals.
Missouri expunges 100,000 cannabis offenses in first year of legalization, even as some courts miss deadline
