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

In 2020, voters in New Jersey and Arizona cast their ballots in favor of legalized marijuana for recreational use. There are now nearly two dozen states in which recreational use of marijuana is legal and signs that more states many soon join them in the coming years.

This means that thousands of state, county, and municipal law enforcement officers are now working in states where marijuana is apparently legal for use by members of nearly every profession except law enforcement. And this is leading 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.

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 in 2022 and beyond