Nevada Commission Seeks Comment On Plan To Let People With Marijuana Convictions Become Police Officers

October 25, 2023 ·

A Nevada commission will hear public comment this week on a proposal that would amend hiring standards for police officers to allow job candidates who were previously disqualified for certain marijuana-related offenses to be eligible for law enforcement positions.

The change being considered by the state Commission on Peace Officer Standards and Training (POST) at Thursday meeting would amend regulations around hiring that currently prevent a person from becoming a peace officer if they have been convicted of an offense involving the unlawful use, sale or possession of a controlled substance.

The new language would state that the restriction doesn’t apply “to a person who has been convicted of an offense involving the unlawful use, sale, or possession of marijuana if the offense is not unlawful at the time the person submits an application for certification as a police officer.”

A notice of intent says the change would expand the pool of eligible candidates for law enforcement positions and “aid agencies in the ability to fill much needed positions.” There would be no adverse effects from the change, it says, nor additional costs to regulators.

Members of the public wishing to comment on the proposal can either appear in person at the October 26 meeting, held at 8 a.m. in Napa Room B of the Southpoint Hotel and Casino in Las Vegas.

Approval of the change would not mean that officers could use cannabis once employed, but it would represent a significant policy change, especially given that the current rules are written in a way that explicitly emphasizes the no-tolerance policy for marijuana.

“As with any psychoactive drug, POST strongly believes there is no room for marijuana usage in the policing profession,” the current administration manual says. “POST strongly encourages law enforcement agencies across the state to adopted [sic] policies prohibiting the on or off duty recreational or medical use of marijuana.”

It even goes so far as to say that people who merely possess a state-issued medical cannabis patient card are “prohibited from attending POST courses, including the Basic Training Academy.” It’s unclear if the commission, which discussed the pending cannabis rules change at an earlier meeting in February, will maintain such language should the new proposed regulation be adopted.

The POST Commission submitted the proposed rule change in May.

After a Las Vegas police officer was fired for testing positive for THC metabolites in 2019, he sued the department, and a district judge ruled in 2021 that the zero-tolerance policy for cannabis was “untenable,” while agreeing with the plaintiff that state statute protects employees’ lawful use of marijuana outside of work.

Nevada leaders have recently approved a number of adjustments to marijuana rules, adopting a package of laws in June that doubled the state’s limit on personal possession and expanded business license eligibility for people with prior felony convictions.

Gov. Joe Lombardo (R) also signed legislation that month to create a new working group to study psychedelics and develop a plan to allow regulated access for therapeutic purposes.

In May, the state Senate approved a resolution urging Congress to federally legalize marijuana, and the Nevada State Athletic Commission (NSAC) voted to send a proposed regulatory amendment to the governor that would formally protect athletes from being penalized over using or possessing marijuana in compliance with state law.

Regulators this summer also began approving the state’s first conditional licenses for marijuana consumption lounges. (Full Story)

In category:Legal
Next Post

Think Your Prescription Drugs are Safe? - Pharmaceutical Companies Have Racked Up $82 Billion in Fines in Just the Past 10 Years

It's high time for pharmaceutical companies that have been exposed for misleading the public to face the consequences. According to a recent report from ConsumerShield, the past decade has witnessed a surge in settlements and fines within the pharmaceutical sector,…
Previous Post

Captain Cannabis Creator Wins Trademark Battle

In the epic battle between Cosmic Crusaders and LaVerne John Andrusiek over the character Captain Cannabis, a court decided that the trademark belonged to Andrusiak. Cosmic Crusaders registered and received the trademark claiming it had started using the character in 2014. According to…
Random Post

DeSantis Doubles Down On Opposition To Marijuana Legalization, Claiming Colorado’s Illicit Market Is ‘Bigger And More Lucrative’ After Reform

Florida Gov. Ron DeSantis (R), a 2024 Republican presidential candidate, has reaffirmed that he would not legalize marijuana if elected to the White House—arguing contrary to evidence that the reform has actually increased the size of the illicit market in…
Random Post

Opinion: What Main Street operators need to know about rescheduling or descheduling marijuana

Last fall, President Joe Biden called on the leaders of the U.S. departments of Justice and Health and Human Services to “review expeditiously” how marijuana is scheduled. The move opened the door to renewed speculation about how descheduling – or rescheduling – marijuana would…
Random Post

Rep. Matt Gaetz Asked DEA for Documents & Timeline Related to Cannabis Descheduling

In a letter to Drug Enforcement Administration (DEA) Administrator Anne Milgram, U.S. Rep. Matt Gaetz (R) asked why the agency has not begun taking steps to reconsider cannabis’ status as a Schedule I drug.  The letter notes that President Joe Biden (D) has…
Random Post

DEA Places 6 Synthetic Cannabinoids on Schedule I

Citing “imminent hazard to public safety,” the Drug Enforcement Administration temporarily placed six synthetic cannabinoids on Schedule I under the Controlled Substances Act, the most restrictive classification reserved for drugs that have no accepted medical use and are subject to abuse. The initial classification…