Despite growing acceptance across the United States, medical cannabis is still controversial to some degree. And it is by no means a free-for-all, even with thirty-nine states and the District of Columbia giving their approval. So it’s not surprising that first responders find themselves in a bit of a quandary. Can they get medical marijuana cards and keep their jobs?
A black-and-white answer that applies to every first responder in the nation would be nice. But no such answer exists. Generally speaking, most first responders are prohibited from using medical cannabis during both work hours and on their off time. Strict federal, state, and departmental policies see to that. But there are some exceptions.
Federal Prohibitions Against Marijuana
The first responder question is rooted in the fact that medical cannabis is marijuana. And under federal law, marijuana is a Schedule I controlled substance. Federal law also prohibits illicit drug users from owning or possessing firearms. So right off the bat, police officers are prohibited from using medical cannabis for any purpose.
Firearms aside, first responders engage in what are known as ‘safety-sensitive’ careers. For this reason, they must be very careful about any and all medicines they take. Medical cannabis is generally off the table because of the perception that it could have a negative impact on safety.
Whether using medical cannabis in one’s off time creates legitimate safety concerns during work time is unclear. Nonetheless, most agencies have strict drug testing policies that are regularly enforced. Cannabis is one drug they test for.
Exceptions in Some States
There are some exceptions to the first responder rule in some states. Take Utah, for example. Salt Lake City’s BeehiveMed says that state lawmakers amended the law a couple of years ago to allow firefighters, 911 dispatchers, and some other types of first responders to obtain medical cannabis cards.
State law now forces all public sector employers to treat medical cannabis like any other prescription drug. What does that mean? It means that employees cannot be selectively punished for using medical cannabis on their own time. As long as medical cannabis consumption does not interfere with their work or create a safety hazard, employers cannot touch it.
Note that this only applies to public sector employers. Private sector employers still have the legal right to test for cannabis and ban its use among employees. As for police departments, fire departments, etc., most states still offer them enough flexibility to develop and maintain their own drug policies.
Federal Funding Is an Issue
It is not unusual for police and fire departments to maintain strict anti-drug policies if they receive federal funding of any type. Why take any chances at risking that funding by not taking a hardline stance against cannabis – and other drugs, too?
Even if federal funding were not an issue, there is the reality that first responders I routinely called into work during emergency situations. A fire department could find itself in trouble if too many of its firefighters were using medical cannabis during their off time. What if those firefighters were not able to work an emergency because they had recently taken a dose of their medicines?
No Perfect Solution
I have done enough research into medical cannabis to see the first responders’ side of the issue. First responders want access to medical cannabis like anyone else. I can also see the other side of the coin. There is some measure of risk that comes with medical cannabis. And unfortunately, there is no perfect solution that makes both sides completely happy.
