Off-Duty Marijuana Use by Officers—Legal Liability and Best Practices

Thousands of state, county, and municipal law enforcement officers are now working in states where marijuana is presumably legal for use by members of nearly every profession except law enforcement. The possible downgrading of marijuana by the DEA is likely to lead to a complicated set of legal questions related to law enforcement agencies’ ability to make hiring and disciplinary decisions based on off-duty marijuana use.

Over the last several months, multiple news outlets have reported that the Drug Enforcement Administration (DEA) will soon recommend reclassifying marijuana as a Schedule 3 drug, downgrading the drug from its current Schedule 1 classification. This reclassification could pose a serious challenge to law enforcement leaders who have asserted that, despite state laws that allow for legal marijuana use, law enforcement officers are prohibited from using marijuana off-duty in light of federal prohibitions on the possession of a firearm by marijuana users.

In this webinar, Attorney Matt Dolan will discuss the latest case law and practical considerations related to:

• The right of police departments to hold officers to a higher standard than civilians in hiring and discipline
• Federal versus state law regarding marijuana legalization
• The role of Conduct Unbecoming standards in analyzing off-duty marijuana use
• Practical considerations re: staffing in light of widespread cultural acceptance of marijuana use