In states that allow it would a police officer be able to use medical marijauan?

Question

In a state like California that has medical marijuana would a police officer be able to use medical marijuana since it's technically legal? I wonder because I think police get a lot of funding from the federal lever as well as state and marijuana, even medical marijuana is illegal according to federal laws. Also, in a state without medical marijuana if a cop were involved in a shooting or crash or something he would be drug tested and probably in a lot of trouble if he had pot in his system, even if he were not high at the time, so in a state where a cop was legally using medical marijuana for medical purposes would he also be in trouble for having it in his system. Because of the discrepencies between federal and state laws I thought this would be an interesting question.

Okay, new part to this question. No cop should be high on duty, however a cop who uses medical pot off duty would still have it in his system for 30 days or whatever like anyone else. In a state withoute medical pot a cop would be in big trouble for having pot in his systme after a shooting or accident reguardless of whether he was high or just had it in his system so how do we justify having one cop in jail for having potin his system and another being fine. Either he's imparied or not.

Answer 1

The federal government has declared that marijuana has no medical use, and therefore its possession, sale, or use is illegal in the U.S. (except for very limited exemptions like genuine medical testing with a license). It doesn't matter what the state's law is--the federal law preempts. California took that to the Supreme Court and lost two terms ago.

Now, that cop would not be prosecuted under California's laws in California courts by California police or prosecutors, but he could be prosecuted in FEDERAL courts in california by the FBI and US Attorneys.

Whether the cop would be disciplined because he failed to follow a federal, rather than a state, law, probably would be handled case-by-case.

Finally, because use of pot at all is illegal under the federal system, someone who was harmed by the THC-Postitive cop (say, in a car accident) could attempt to use that as "negligence per se" -- because the violation of a society-protecting law can be used as proof (sometimes rebuttable) that the person who violated the law acted negligently.

Interesting question.

Answer 2

As a healthcare provider I would like to add that the diseases that medical pot is written for would preclude an officer from being able to work even if pot were medically necessary. In other words.....No way. Now think: would you want someone like an officer high and doing his job? Use common sense. It's only pot users who think such a situation would even be a good idea to do. Theoretically, there are quite a few jobs and professions which should demand the best mental faculties to perform at the levels society deserve. I'm not naive. I know people do it all the time.....but that's what random and post accident testing is for. We, as a society, try to enforce the best .....at least.....by now allowing it when we know its occuring.....thus......No to your answer.

Answer 3

No..because federal law trumps state law. Second, employers like the police department can have rules and regulations that are more strict than penal law. So, yes the officer can and will be fired, or not hired, because of this.

Edit: I'm not exactly sure where Bruce J gets his facts from, but even simple possession can be prosecuted under federal law. I'm a NYC cop, but I can due the research and find the exact code if you or he would like.

Also, it really doesnt matter what the areas laws are, internal regulations can get a cop fired or not hired, withour reguard to whether or not its legal. In some departments, the use of tobacco is reason to not get hired, and even fired (although that rarely happens)

Answer 4

I think marijuana should be off the lawbooks personally...Any naturally growing plant should be.

If a officer is using medical marijuana on duty, he should be punished the same as someone drunk who harms someone similar.

Using any medication should require the user to be at home or a designated usage area for the duration of the effects of that drug.

Psychotropic and painkilling medications are in the exact same boat. People should be tested for those when they are in accidents or harm others, be it the drug is legal or not.

Being impared by a substance is being impared.

Answer 5

The use of marijuana might be legal, but it's known to impair judgment and it's illegal to drive while under the influence. Any condition that a person might be able to use it for might also keep the officer from being able to perform his duties. Police officers can drink alcohol too, but they better not do so on duty, nor come to work impaired by a drinking binge. They are also held to somewhat higher standards of conduct than ordinary citizens.

Answer 6

Bruce J has no idea of what he is talking about. It is still a Federal law that MJ is illegal no matter what States make legal. A police officer is subject to random drug testing and could be fired for using it.

Answer 7

confident, a Jehovah's Witness can functionality a police officer. A candidate isn't rejected for baptism as a Jehovah's Witness in basic terms because of the fact he serves as a police officer or perhaps because of the fact he includes a deadly weapon.. .. even nevertheless, Jehovah's Witnesses know that globally, the regulations of engagement for cops would demonstrate the guy officer to bloodguilt. between its elders and ministerial servants, the Christian Congregation of Jehovah's Witnesses seeks to fulfill the Biblical extensive-unfold of "irreprehensibility" (see a million Tim 3:2,10). A Christian guy isn't allowed to function an elder or a ministerial servant if for any reason he robotically includes a deadly weapon for use against human beings.

Answer 8

Pay no attention to that answer by 'zeb25'. There is no federal law that outlaws pot. Federal law outlaws the TRANSPORTATION of pot from state to state.

As for the legality of a cop's useage, if it's legal in the state, a cop can do it. They have all of the same rights as a normal citizen.

Answer 9

This is a very interesting question, star.
I wish I had a real answer for you, but I'm not sure how that would work.

I think though that an officer would not be allowed to use mary-jane regardless of the legality.