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

On June 18, 2026, in the case of United States v. Hemani, the U.S. Supreme Court unanimously found in favor of a plaintiff who had been federally prosecuted for possessing a firearm while admitting to using marijuana “a few times a week”.  While the Hemani case does not directly address the issue of off-duty marijuana use by police officers, it casts serious doubt on the validity of a long-held belief by police leaders that off-duty marijuana use by officers could never be permitted under federal law. These laws, purporting to prevent marijuana users from possessing firearms, may not be sufficient basis to prohibit off-duty marijuana use—particularly in states that have legalized recreational marijuana.

This Supreme Court decision comes just months after 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 on April 23 of this year. 

Both the pending downgrading of marijuana by the DEA and the Supreme Court’s skeptical signals regarding federal laws prohibiting drug users from possessing firearms are 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. This reclassification could pose a serious challenge to law enforcement leaders who have asserted in the past that, despite state laws that allow for legal marijuana use, law enforcement officers are still 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