NYPD to continue cannabis testing despite NYC Law Dept. guidance to stop, FDNY nixes tests

Marijuana
Photo credit Lauren DeCicca/Getty Images

NEW YORK (1010 WINS) -- The New York City Law Department instructed the NYPD to stop administering drug tests for cannabis use, but the police force said it intends to continue it’s testing policies while it consults with the Law Department about “conflicts with the new state law and pre-existing federal law.”

The FDNY announced it would end pre-employment, random and scheduled marijuana testing policies in response to similar guidance from the Law Department.

City lawyers distributed the memo titled “NYPD no longer permitted to drug test for marijuana” on Monday, according to the New York Daily News.

“The NYPD has received a legal memorandum from the City’s Law Department regarding the implementation of the Marijuana and Taxation Act (MARTA) in New York State law,” said the spokesperson. “We are in consultation with the Law Department over conflicts with the new state law and pre-existing federal law. While these discussions continue, there is no change in NYPD policies, procedures, or testing protocols regarding the use of Marijuana by uniformed members of the service.”

While the FDNY intends to comply with the Law Department’s request, Chief of Operations John Esposito specified that substance use at work is still prohibited, and promised further guidance within the next two weeks.

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“The New York City Law Department has issued guidance that prohibits adverse employment actions based on off-hours marijuana usage,” said Esposito.” This will change pre-employment, random and scheduled drug testing policies for marijuana. Use of any substance while at work still remains strictly prohibited. Guidance on these changes will be disseminated in the next 14 days.”

The NYPD’s current policy allows officers to be fired if they test positive for cannabis use, even if they were using while off duty.

The department also tests all incoming recruits.

The policy has remained in place despite a 2021 New York law that legalized adult recreational cannabis use.

Featured Image Photo Credit: Lauren DeCicca/Getty Images