Under a new California law, AB 2188, law enforcement officers are among workers who are protected against employer discipline or termination for using marijuana. But there are times when the new law could conflict with the 1968 Gun Control Act
The law does not protect employees working in the construction and building industries and those hired for positions that require federal background and clearance checks. But, there was no such exemption made for law enforcement officers.
AB 2188 does not permit employees to possess, to be impaired by, or to use, cannabis on the job. Also, it does not restrict the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, if so desired.
While on the federal level marijuana is still an illegal scheduled narcotic, according to workplace safety and compliance services provider DISA Global Solutions, currently 24 states have legalized recreational marijuana use.
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“Law enforcement agencies must now ensure that all marijuana testing of employees can identify non-psychoactive metabolites which raises concerns about the accuracy of this type of drug test,” says Geoff Sheldon, public safety attorney with Liebert Cassidy Whitmore. “Too, this legislation now conflicts with the federal Gun Control Act of 1968 which prohibits any person who uses a firearm from being under the influence of a controlled substance, and no real solutions for agencies.”
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