Curt Flewelling, FISM News
After some initial confusion as to whether the NYPD was going to continue to drug test their officers for marijuana, the policy will remain in effect.
A July 11 memo entitled “NYPD no longer permitted to drug test for marijuana” started the controversy. NYPD Deputy Commissioner for Legal Matters, Ernest Hart, states in the memo that “starting immediately, the department should only drug test a member of service for marijuana if there is reasonable suspicion that the member is impaired by marijuana on the job.” The memo goes on to advise the department not to give cops random or scheduled drug tests and that a negative marijuana test is no longer required to join the force.
After initially releasing a statement saying they would cease testing their officers, the NYPD seemingly retracted the statement with an emphatic and unambiguous response from Police Commissioner Keechant Sewell. Her memo declares that “existing department policies that prohibit the use of marijuana remain in effect. Members of the service are not permitted to use cannabis on or off duty and will continue to be subject to random, scheduled, and for-cause screening.”
The decision whether to drug test New York’s finest was never at issue until Governor Andrew Cuomo signed legislation legalizing adult-use cannabis. With that signing, the tension between state law and pre-existing federal law began.
Since recreational use of marijuana has become legal in New York, the NYPD has faced several lawsuits for disciplining and firing cops for failing drug tests. The city feels that they have always been on solid legal ground arguing that government agencies that receive federal funding must comply with a law requiring a drug-free workplace.
Attorney John Scola, who represents a former police officer who was fired for violating the NYPD’s drug policy, views the law differently. He states, “Regardless of how powerful the NYPD is, they don’t have the power to change state law. They’re flouting the law right now, It’s kind of unbelievable.”
Some officers feel that there’s a little more going on than just letting good cops indulge in a legal substance during non-working hours. Some cops have theorized that the NYPD may be under pressure to lower employment standards so more candidates can be hired. This would be done in order to address a recent spike in retirements and a dearth of applications in the wake of anti-cop sentiment permeating many major American cities.
Regardless of the reason, the policy will remain in effect for now.