Just hours after it was reported that the New York City Police Department (NYPD) would cease drug testing officers for marijuana following a directive from the New York City Law Department (NYCLD), the nation\u2019s largest police force has reversed course, saying it a new statement that it will not be changing its policy, pending a review and consultation with city officials.<\/p>\n
A document leaked from NYPD that surfaced on Wednesday\u2014titled \u201cNYPD NO LONGER PERMITTED TO DRUG TEST FOR MARIJUANA\u201d\u2014immediately captured headlines. And NYPD itself released an initial statement that indicated that it would no longer be subjecting officers to pre-employment, random or scheduled drug tests for cannabis, leaving observers with the impression that off-duty use that complies with state law would not be penalized based on the city law office analysis.<\/p>\n
The statement said that there would be an exception in incidences where officers were suspected of being intoxicated for THC on the job. It also said that the department was \u201creviewing its current policies in light of this directive,\u201d but it was interpreted by numerous media outlets as indicating the NYCLD directive on drug testing to all city agencies meant NYPD was bound to cease marijuana screenings in the interim.<\/p>\n
That\u2019s apparently not the case, according to a follow-up statement that NYPD sent to Marijuana Moment on Wednesday afternoon.<\/p>\n
\u201cThe NYPD has received a legal memorandum from the City\u2019s Law Department regarding the implementation of the Marijuana and Taxation Act (MARTA) in New York State law,\u201d the new statement says. \u201cWe are in consultation with the Law Department over conflicts with the new state law and pre-existing federal law.\u201d<\/p>\n
\u201cWhile these discussions continue, there is no change in NYPD policies, procedures, or testing protocols regarding the use of Marijuana by uniformed members of the service,\u201d a spokesperson said.<\/p>\n
The memo from NYPD, which was dated July 11 and first reported by Leeroy Johnson of Viral News NY, would also presumably have implications for other city agencies. PIX11News reported that the New York Fire Department (NYFD) would also stop testing firefighters for cannabis because of the city\u2019s legal directive.<\/p>\n
\nI just spoke with the NYPD @NYPDDCPI<\/a>
Here’s the statement they sent me pic.twitter.com\/Flo9na8Sza<\/a><\/p>\n\u2014 Viral News NY (@ViralNewsNYC) July 13, 2022<\/a><\/p>\n<\/blockquote>\n\n
\u201cThe New York City Law Department (\u2018Law Department\u2019) has issued a legal opinion regarding the Marihuana Regulation and Taxation Act (\u2018MRTA\u2019), which went into effect on April 1, 2021, and amended the New York State Labor Law to prohibit adverse employment actions based on recreational marijuana use,\u201d the classified memo at the center of the story says.<\/p>\n
\u201cThis legal opinion directed all City agencies, including the NYPD, to stop pre-employment, random, and scheduled drug testing for marijuana,\u201d it continues. \u201cThe rationale behind this determination is that there is no test for marijuana that conclusively determines current intoxication, making it impossible to determine by drug test alone whether an employee has tested positive for marijuana because of improper use on the job or use during statutorily protected off-hours use.\u201d<\/p>\n
\u201cTherefore, starting immediately, the Department should only drug test a member of service for marijuana if there is reasonable suspicion that the member is impaired by marijuana on the job in such a manner that impacts their job duties or where there is a federal requirement mandating testing for marijuana use, such as title which requires a Commercial Driver License.\u201d<\/p>\n
While the document was classified as confidential, an NYPD spokesperson seemingly confirmed the policy change before sending a separate interim message to press to \u201cdisregard the previous and await an updated statement.\u201d<\/p>\n
Existing NYPD policy makes it so officers who test positive for THC may be subject to immediate termination.<\/p>\n
\n#BREAKING<\/a>: Following confirmation of the NYPD scrapping random drug testing for marijuana, a source confirms the FDNY will follow suit. Guidelines to come. @PIX11News<\/a><\/p>\n
\u2014 Michelle Arezou Ross (@MRossNews) July 13, 2022<\/a><\/p>\n<\/blockquote>\n\n
All of this comes more than a year after NYPD issued updated guidance to officers<\/a>, notifying them that because cannabis was legalized for adult use, they are no longer able arrest adults 21 and older for simply using marijuana in places where smoking tobacco is permitted.<\/p>\n
Last year, the state Department of Labor separately announced in guidance that New York employers are no longer allowed to drug test most workers for marijuana<\/a>, with limited exceptions. Even prior to the enactment of legalization, New York City officials had established a\u00a0local ban on pre-employment drug testing<\/a> for cannabis.<\/p>\n
There\u2019s been some controversy of police policy as it respects cannabis laws, including in neighboring New Jersey.<\/p>\n
In May, New Jersey lawmakers introduced a series of bills meant to empower employers to punish workers\u2014including law enforcement and other first responders<\/a> specifically\u2014 from using marijuana off duty in compliance with state law.<\/p>\n
The legislation was filed after a document was released by the state attorney general\u2019s office<\/a> explaining how New Jersey\u2019s adult-use cannabis law currently allows police to use marijuana when they are not on the job.<\/p>\n
Back in New York, retail cannabis shops have not yet opened as regulators work to finalize rules and start to approve licenses. However, adults 21 and older\u00a0can\u00a0possess and publicly consume marijuana<\/a>, as well as gift it to other adults as long as they aren\u2019t being compensated.<\/p>\n
Some unlicensed businesses have reportedly been exploiting that gifting provision by selling non-marijuana products in exchange for \u201cfree\u201d cannabis. Regulators recently said that they\u2019ve issued dozens of warning letters<\/a> to such businesses.<\/p>\n
\nBipartisan Lawmakers File Marijuana Protection Amendments For Veterans And People In Public Housing<\/a><\/p>\n<\/blockquote>\n\n
The post NYPD Will Keep Testing Officers For Marijuana, Reversing Course Hours After Announcing Policy Change Mandated By City<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
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