No More Questions About Past Weed Use For Police Applicants In California

Zinger Key Points
  • California Gov. Gavin Newsom (D) approved a bill prohibiting employers from asking about job applicants’ past marijuana use in October.
  • The state law enforcement officials opted to revise its employment policies for police officers as policy change is set to take effect soon.

California Gov. Gavin Newsom (D) approved a landmark bill, sponsored by Sen. Steven Bradford, which prohibits employers from asking about job applicants' past marijuana use, in October.

As the new law is set to take effect on January 1, 2024, state law enforcement officials will revise their employment policies for police officers to be in line with the policy change, reported Marijuana Moment.

In addition to prohibiting "discrimination against a person in hiring, termination, or term or condition of employment, or otherwise penalizing the person for their use of cannabis off the job and away from their workplace," Senate Bill 700 "specifically makes it unlawful for an employer to request information from an applicant relating to their prior use of cannabis," a memo issued by the Commission on Peace Officer Standards and Training stipulated.

To comply with the new law, revisions have been made to the POST Personal History Statement – Peace Officer (2-251) and Personal History Statement – Public Safety Dispatcher (2-255) application forms, eliminating any questions regarding past marijuana consumption by candidates.

What About Other States? 

The move comes on the heels of Nevada amending its regulations to allow individuals with past marijuana convictions to apply for police officer positions. The Nevada Commission on Peace Officer Standards and Training (POST) recently voted in favor of this policy shift, allowing a broader range of candidates to be eligible for law enforcement roles.

In New Jersey, two Jersey City police officers who were fired after testing positive for marijuana filed a complaint suggesting a motive behind Mayor Steven Fulop‘s (D) decision was to secure additional support from conservative voters, crucial for his upcoming bid to run for governor.

The legal action taken by Jersey City police officers Nora Mansour and Omar Polanco follows Fulop's earlier announcement that the city would dismiss any officers who tested positive for THC, despite New Jersey Attorney General Matt Platkin's guidance from February on drug testing rules statewide. Under the guidance, police officers will no longer be tested for cannabis unless they’re suspected of consuming or being under the influence while on duty or if their position requires federal drug testing.

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