The NYPD is mellowing out on marijuana use in its ranks.
The department will no longer test its members for marijuana use except in cases of obvious impairment on the job, the Daily News has learned.
The city’s Law Department issued a memo on Monday to the department titled “NYPD no longer permitted to drug test for marijuana. The memo, a portion of which was obtained by the Daily News, stated the NYPD can no longer give cops random or scheduled marijuana tests. A negative marijuana test is also no longer required to join the force.
“The New York City Law Department has directed the NYPD to cease all random, scheduled and pre-employment testing for marijuana,” an NYPD spokeswoman said Wednesday. “The Department will continue to administer marijuana screenings to personnel when there is indications of impairment and is reviewing its current policies in light of this directive.”
The new policy is a result of the state’s 2021 Marihuana Regulation and Taxation Act, which legalized adult-use reefer.
“The rationale behind this determination is that there is no test for marijuana that conclusively determines current intoxication, making it impossible to determine by drug test alone whether an employee has tested possible for marijuana because of improper use on the job or use during statutorily protected off-hours use,” the memo reads.
The new directive effectively allows cops to smoke weed off duty.
If a cop is puffing in uniform, that’s another story.
“The Department should only drug test a member of service for marijuana if there is reasonable suspicion that the member is impaired by marijuana in such a manner that impacts their job duties or where there is a federal requirement mandating testing for marijuana use, such as title which requires a commercial driver’s license,” the memo notes.
The city Law Department declined to comment on the legal memo.
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The NYPD’s policy represents a change from only last year.
After then-Gov. Andrew Cuomo signed legislation legalizing adult-use cannabis, the NYPD was adamant that marijuana use was against department rules.
“Rules governing the use of marijuana for members of the NYPD have not changed,” a police spokeswoman said at the time.
In the past, the NYPD has faced lawsuits for disciplining and firing cops for failing marijuana tests. In one case, Officer Robert Cascalenda sued the NYPD, saying he was forced off the job for using medical marijuana he needed to cope with chronic medical issues.
Attorney John Scola, who represented Cascalenda, was elated to learn of the new directive.
“While this is an excellent first step that the NYPD has taken regarding legal marijuana usage, it remains to be seen how this internal memorandum and change in policy will effect the multiple cases we have pending for disability discrimination related to prescribed marijuana usage,” Scola said.