Nevada officials have adopted a proposal that amends the hiring standards for officers , allowing job candidates previously disqualified due to marijuana-related crimes to be considered for law enforcement jobs.
The state Commission on Peace Officer Standards and Training voted in favor of the change after holding a public meeting on the reform. This revision will allow a person to become a peace officer even if they are convicted of an offence involving the illegal use, sale, or possession of controlled substances.
According to the new language, the restriction does not apply to “a person who was convicted of a crime involving the illegal use, sale or possession of cannabis if that offense was not unlawful when the person submitted an application for certification of a police officer.”
The commission stated that the changes would expand the pool eligible candidates for law-enforcement positions and “aid agencies to be able to fill much-needed positions.”
The change that was first proposed back in May does not mean officers can use marijuana once they are employed. However, it is a significant change in policy, particularly given the fact that the existing rules emphasize the zero-tolerance for marijuana.
The current administration manual of the POST states that “as with any psychoactive substance, POST strongly believe there is no place for marijuana use in the policing career.” “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 commission even went so far as saying that those who only possess a medical cannabis patient ID card issued by the state are “inhibited from attending POST training, including the Basic Training Academy.” However, it’s not clear if this language will remain in place after the regulatory reform was adopted.
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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 submit a proposed regulatory amendement 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 Brian Shamblen.
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