Cecily Zamora
With the legalization of medical and recreational marijuana in several states, law enforcement agencies are now faced with the challenge of determining when drivers are impaired by cannabis. While the odor of marijuana was previously considered probable cause for a search, this is no longer the case due to the legalization of hemp, which has a similar scent. As a result, law officers are now subject to THC testing to determine impairment, especially in states with legalized marijuana. However, the detection of THC does not necessarily indicate recent marijuana use or driver impairment, as it can remain in the body for weeks after consumption. This has led to debates about the effects of marijuana on driving ability and the need for accurate testing methods to determine impairment, such as blood tests, urine tests, and field sobriety tests. While the laws and policies regarding cannabis use by law enforcement vary, most agencies do not tolerate cannabis use, even when off duty, and failing a drug test can result in disciplinary action.
| Characteristics | Values |
|---|---|
| Law officers subject to THC test | In most cases, yes |
| Law officers using cannabis | Not tolerated by most law enforcement agencies |
| Cannabis breathalyzer | THC is non-volatile and chemically unstable, creating a reliability challenge for the cannabis breathalyzer |
| Cannabis impairment | Varies by individual |
| Cannabis impairment detection | DRE evaluations are more accurate than chemical testing |
| Cannabis impairment evidence | Driving conduct, smell of marijuana, physical symptoms of marijuana intoxication, admission to recent marijuana use, toxicological tests, etc. |
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What You'll Learn
Testing methods for law officers
One common testing method for law officers is the use of Drug Recognition Experts (DREs). DREs evaluate impairment by observing physiological markers that are present during the psychoactive phase of drug use. These markers include extreme pupil dilation or constriction, pulsating pupils, and other signs that may indicate medical reasons for impairment, such as diabetic shock or concussion. If a DRE suspects drug use, a full evaluation at the station may be conducted, which includes physiological measures like blood pressure and heart rate, as well as inquiries about prescription drug use.
Another testing method is through biological specimens, such as urine, blood, saliva, or hair samples. Urine testing is the most common method and can provide results within a few hours to several days. Blood tests, while less frequently used due to their invasive nature, are often employed in investigations of accidents, injuries, and DUIs. Saliva testing can detect the presence of THC for up to 72 hours after intake, but it is less invasive and provides a shorter window of detection. Hair samples are also collected, typically from the scalp, and can detect THC for extended periods, with chronic users potentially testing positive even 90 days after last use.
In addition to these standard testing methods, new forensic methods are being developed to accurately determine THC levels in seized cannabis samples. These include the use of mass spectrometers, such as gas chromatography-mass spectrometry (GC-MS) and direct analysis in real-time high-resolution mass spectrometry (DART-HRMS), which can identify different substances within a test sample. These advanced techniques are being employed by organizations like the National Institute of Justice (NIJ) to improve the accuracy and speed of THC detection in various samples, including baked goods, candies, and plant materials.
It is important to note that the detection times and methods may vary depending on individual factors such as metabolism and the type of test being used. The legalization of hemp, which has a similar odor to marijuana, has also added complexity to testing and enforcement, requiring law officers to obtain additional evidence beyond the scent of cannabis.
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Legal vs illegal cannabis
The legality of cannabis for medical and recreational use varies across different countries and states. While it is prohibited in most countries, several have decriminalised it, and many others have legalised it for medical or recreational use.
Legal Cannabis
Cannabis has been legalised for medical use in many countries, including Albania, Argentina, Australia, and Barbados. In the United States, 39 states, four territories, and the District of Columbia have legalised medical cannabis, but federal law still prohibits its use. In Canada, the Cannabis Act controls and regulates the growth, distribution, and sale of recreational marijuana, and adults 18 and older can legally possess up to 30 grams of dried cannabis in public. Similarly, Mexico has legalised cannabis for recreational use, and adults 18 and older can possess up to 28 grams of cannabis and cultivate up to six plants.
Illegal Cannabis
In countries where cannabis is illegal, possession, distribution, and cultivation are typically criminal offences. For example, in the Middle East and Far East, possession of even small amounts can result in imprisonment for several years. In the United States, cannabis is illegal under federal law, but local law enforcement in states like California, Colorado, and Washington has stopped enforcing this prohibition due to practical, legal, and resource factors. However, businesses operating in the cannabis market in these states face significant limitations in accessing financial services due to the federal prohibition.
Testing for Cannabis Use
The legalisation of hemp and medical marijuana has complicated the process of testing for cannabis use, especially when determining impairment in drivers. While blood tests can detect the presence of THC, they do not always indicate recent use or driver impairment, especially since THC can remain in the body for weeks. Police officers use various methods, such as breathalyzers, saliva tests, and vehicle searches, to test for marijuana impairment. However, the reliability of these tests varies, and officers must consider levels of impairment rather than solely relying on chemical testing.
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Driving under the influence of marijuana
In states where marijuana use is illegal, a driver with any cannabis on board is committing a crime. However, in states where it is legal, levels and impairment are key to assessing whether the driver should be taken off the road. Some states rely on chemical testing alone, even though blood levels of cannabis are not directly correlated to impairment levels. Other states rely on officers evaluating impairment via Drug Recognition Expert (DRE) evaluations, which are far more accurate in determining marijuana impairment. DREs evaluate physiological markers that a subject cannot voluntarily control and that are only present when drugs are psychoactive in the subject's system. These markers include extreme dilation or constriction of pupils, which can reflect the use of stimulants or opiates, and pulsating pupils, which can signal withdrawal from certain drugs and/or indicate multi-drug use. The full DRE evaluation is a 12-step process that includes physiological measures such as blood pressure and heart rate, as well as asking the subject about any prescription drug use.
Toxicological tests can confirm the presence of THC, but they do not always indicate driver impairment or recent marijuana use, especially when THC levels are low. Obtaining a warrant for a urine or blood test is also problematic, as traces of THC can be detected even weeks after use. In addition, the legalization of hemp, which has a similar smell to marijuana, has made it more difficult for law enforcement to use the odor plus standard as probable cause for a search. Instead, officers may need to rely on other evidence, such as physical evidence or the results of forensic testing conducted in a laboratory.
To stay safe on the roads, it is important to plan ahead and arrange for a designated driver or alternative transportation if you know you will be using marijuana. Campaigns such as "Feel Different, Drive Different" aim to change the cultural conversation around driving after using marijuana, making it as socially unacceptable as driving drunk.
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Medical marijuana and first responders
First responders, including police officers, firefighters, and EMTs, have critical jobs that demand full cognitive attention. As such, most law enforcement agencies have strict drug testing requirements and do not tolerate cannabis use, even when off duty. The use of cannabis can impair judgment and motor skills, and working under the influence puts individuals at risk of losing their job.
In the United States, the federal government bars individuals who use illegal drugs, including cannabis, from owning and using firearms, except for those issued by a governmental agency, such as a local police force. While the cultural stigma around cannabis is slowly dying out, and several states have legalized medical marijuana, marijuana remains federally illegal. As a result, many state agencies continue to prohibit first responders from accessing medical cannabis.
In Louisiana, for example, first responders do not qualify for the state's medical cannabis program, and they are barred from using medical cannabis. However, this may change in the future as there is pressure from affected communities and professionals to implement workplace protections for medical marijuana patients.
In contrast, some states, such as Connecticut, Montana, Nevada, New Jersey, and New York, have passed laws protecting employees from being fired for recreational marijuana use. Twenty-one states protect medical cannabis patients from termination due to their status as medical users. Additionally, in at least 25 states, the answer is not clear, and there is a lack of clarity regarding whether employers must accommodate the off-duty use of medical marijuana.
While the legal landscape is evolving, it is recommended that first responders refrain from using medical marijuana, especially before applying or when on the job, as they may face disciplinary action or termination. If considering the use of medical cannabis, first responders should consult their local laws, reach out to their state's medical marijuana program, and seek legal advice from a cannabis-informed or employment attorney to understand their specific situation.
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Disciplinary action for cannabis use
In the context of law enforcement officers, drug testing policies and disciplinary actions for cannabis use can vary depending on the jurisdiction and the specific policies of the law enforcement agency. Generally, law enforcement officers are subject to drug testing, including THC testing, as part of pre-employment screening, random drug testing during their tenure, and post-incident testing in certain situations.
THC, the primary psychoactive compound in cannabis, can remain detectable in the body for weeks after consumption, depending on various factors such as frequency of use, dosage, and individual metabolism. This prolonged detectability poses challenges for determining recent cannabis use and impairment, especially in jurisdictions where cannabis use has been legalized or decriminalized.
When it comes to disciplinary actions for cannabis use by law enforcement officers, the consequences can vary. In most cases, the discovery of cannabis use by an officer may lead to internal disciplinary proceedings, which could result in reprimands, counseling, or temporary suspensions. Repeat offenses or more serious breaches of policy may result in more severe disciplinary actions, up to and including termination of employment. The specific disciplinary actions taken will depend on the law enforcement agency's policies, the local laws and regulations, and the circumstances surrounding the cannabis use.
It is important to note that the disciplinary actions for cannabis use among law enforcement officers aim to balance maintaining professionalism, public safety, and adherence to drug-free workplace policies, while also recognizing that cannabis use may not always warrant termination and can be addressed through rehabilitative or educational measures in certain cases.
In the context of Canadian secondary schools, disciplinary approaches for student violations of cannabis use policies vary across provinces and individual schools. While most schools report using progressive discipline approaches, punitive consequences like suspension or even involving the police remain prevalent as first-offense options. However, there is limited research on the effectiveness of these punitive approaches, and some evidence suggests that supportive responses, such as counseling and educational programs, can lead to more positive outcomes for students.
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Frequently asked questions
Yes, law officers can be subject to THC tests, especially if they are applying for a job in law enforcement. However, in a growing number of states, past cannabis use or possession of a medical marijuana card will no longer disqualify a candidate from joining law enforcement.
Laws vary from state to state, but generally, police officers are not protected regarding medical cannabis use. However, some jurisdictions say it's okay, and some police forces allow personnel to use medical cannabis off-duty.
Law officers should err on the side of caution and not use medical cannabis before applying or when on the job. However, an off-duty officer could be called upon to respond to an emergency and risk being impaired by cannabis at that time, which is grounds for disciplinary action.
