Off-Duty Marijuana Use by Public Safety Employees: Legal Liability and Best Practices

On April 23, 2026, the U.S. Department of Justice announced an expedited administrative hearing process to consider the reclassification of marijuana from Schedule I to Schedule III under federal law in the coming months. The potential change could have significant implications for public safety agencies across the country—particularly for the thousands of law enforcement officers, firefighters, dispatchers, and other public safety employees working in states where recreational marijuana is legal under state law.

Less than two months later, on June 18, 2026, the U.S. Supreme Court unanimously ruled in United States v. Hemani in favor of a plaintiff who had been federally prosecuted for possessing a firearm while admitting to using marijuana “a few times a week.” Although Hemani does not directly address off-duty marijuana use by police officers, the decision raises serious questions about a long-held belief among law enforcement leaders that federal law categorically prohibits officers from using marijuana off-duty.

The potential reclassification of marijuana under federal law, combined with the Supreme Court’s recent scrutiny of federal restrictions on firearm possession by marijuana users, is likely to create a complicated set of legal questions for public safety agencies regarding hiring, discipline, employee conduct, and off-duty marijuana use.

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

• The right of public safety agencies to hold employees to a higher standard than the general public in hiring and discipline
• The role of Conduct Unbecoming standards in evaluating off-duty marijuana use
• When off-duty marijuana use may provide a legitimate basis for hiring, discipline, or termination
• How marijuana policies may differ among law enforcement officers, firefighters, dispatchers, and other public safety employees
• Practical staffing and policy considerations in an environment of widespread marijuana legalization and increasing cultural acceptance