Recent amendments to state legislation now forbid employers from discriminating against potential employees due to previous or non-work-related marijuana usage, extending this protection to include police officer candidates.
Following a legislative change initiated by Governor Gavin Newsom in October, California law enforcement agencies are revising their hiring practices for police officers. This includes eliminating questions regarding past marijuana use from police recruitment forms.
On Dec. 7, the Commission on Peace Officer Standards and Training released a bulletin detailing the updated approach to questioning potential police officers about their previous marijuana consumption. This update is in response to a new California statute that came into effect 30 days earlier, impacting not just law enforcement positions but also various other occupations in terms of discrimination related to marijuana use outside of work.
Senate Bill 700, endorsed by Senator Steven Bradford (D-Gardena) and signed into law by Governor Newsom on Oct. 7, amends Government Code section 12954. This amendment prohibits employment discrimination based on a person’s off-the-job, non-workplace cannabis use.
The bulletin highlights modifications to the POST Personal History Statement forms for Peace Officer and Public Safety Dispatcher, removing questions about past cannabis use to comply with GC § 12954. The bulletin specifies that while questions 80-83 and 79-82 have been revised, general inquiries about an applicant’s criminal history remain. The updated forms are now accessible on the POST website. It is important to note that while the Commission on Peace Officer Standards and Training does not mandate drug testing or offer guidance on drug use policies, hiring agencies must adapt their drug testing and policies to align with this new legislation.
This law is set to become effective from January 1, 2024.
In California, protections are already in place for most employees regarding off-duty marijuana use.
In September 2022, Governor Newsom signed Assembly Bill 2188, introduced by Assemblymember Bill Quirk (D). This bill makes it illegal for employers to discriminate against employees or potential employees for using cannabis outside of work hours.
The amendments collectively make it more difficult for employers to sanction employees or potential employees for previous marijuana use.
Other States Take Similar Actions
Several states where adult-use cannabis is legal have revised their standards for potential police officers regarding past marijuana use.
In Nevada, the Commission on Peace Officer Standards and Training (POST) recently voted to modify their hiring criteria, allowing applicants with certain cannabis-related offenses to be eligible for police officer positions. This is a significant change from the previous rules that barred applicants with drug-related convictions from becoming peace officers.
Conversely, not all states have followed this trend. A recent lawsuit in New Jersey seeks to prevent police officers from using cannabis, even during their off-duty hours.
As reported by the New Jersey Monitor, Jersey City Public Safety Director James Shea filed a lawsuit on Oct. 16, challenging the state’s policy on police officers using cannabis. The lawsuit argues that federal law, which prohibits individuals using controlled substances including marijuana from possessing firearms, conflicts with the state’s cannabis laws. This creates a dilemma for Jersey City, as its police officers are required to carry firearms.
California, among other states, is moving towards more lenient policies regarding past marijuana use for aspiring police officers.
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