Can police officers, firefighters, and EMTs use cannabis?

First responders, including police officers, firefighters, and emergency medical technicians (EMTs), are likely to be tested for drugs periodically throughout their careers. And although cannabis is legal in many states, most first responders are prohibited from using cannabis at any time.

That said, some states offer legal protections to first responders who have state-issued medical cannabis cards. If you’re a first responder, it’s important to know the cannabis laws in your state.

Can first responders use cannabis?

Police officers, firefighters, and EMTs are strictly forbidden from using recreational cannabis, even if it’s legal in their state. This is because their jobs are considered “safety-sensitive,” which means cannabis use could impair their ability to do their jobs safely.

Unlike other professions, many first responders are on call 24 hours a day. This means that if you’re a first responder using cannabis while off duty, you could still get called into work, potentially putting your safety and the safety of others at risk due to impairment.

The legal landscape is more complicated for first responders with state-issued medical cannabis cards. While many states provide certain legal protections to employees who use cannabis medically, in most cases, first responders are exempt.

First responders are also subject to random drug testing. In the majority of states, testing positive for cannabis can result in getting fired, even with a state-issued medical cannabis card. Testing positive for cannabis during the hiring process can also prevent you from getting the job.

Can police officers smoke weed?

For gun-carrying police officers, cannabis laws are fairly straightforward: Recreational cannabis use is not allowed, and under federal law, medical cannabis cardholders are prohibited from possessing firearms due to cannabis’s status as a Schedule I drug.

Some police officers with specialized roles may not carry guns, but in most cases, they’re still not permitted to use cannabis.

Which states offer legal protections to first responders who use cannabis?

The following states provide certain legal protections to first responders who use cannabis:

• California: First responders cannot be discriminated against for using cannabis while off duty.
• Illinois: First responders may not be tested for cannabis unless there is cause for testing, such as suspicion that the first responder has been intoxicated while on duty.
• Maine, Minnesota, New Jersey, and Rhode Island: First responders are likely protected if they use cannabis while off duty.

Several more states protect most employees from getting fired or being refused a job solely on the basis of having a state-issued medical cannabis card. However, most first responder agencies have strict zero-tolerance policies regarding cannabis use regardless of a person’s medical cardholding status.

Additionally, because first responders are classified as safety-sensitive workers, there may be laws or employer policies that create exceptions to medical card protections. For example, a policy may outline an employer’s rights if a worker is called into the line of duty and arrives in an intoxicated state.

State protections do not apply to federal employees, such as federally contracted EMTs. This is because cannabis is illegal under federal law.

Can first responders be fired for using cannabis?

In most cases, a first responder can be fired for using cannabis. Even if you only use cannabis while off duty and have a state-issued medical card, you might still be fired if you test positive.

Also, no law protects first responders from getting fired if they’re intoxicated while on duty.

Can a positive drug test prevent a first responder from getting hired?

In most states, testing positive for cannabis can prevent you from getting hired as a first responder. If you’re a federally contracted first responder, you will almost certainly not get hired. Cannabis use, even with a medical card, remains illegal on a federal level.

Tips for using cannabis as a first responder

If you’re a cannabis user who wants to apply for a first responder position, here are some tips to consider:

• Check the laws of your state and local jurisdiction: Cannabis laws differ depending on where you’re applying for a position. Check your local laws to see if first responders who use cannabis have any legal rights regarding employment.
• Get your medical cannabis card: In certain states, having a medical cannabis card may help protect you against getting fired or being refused a job.
• Never use cannabis while on duty: Using cannabis while on duty is strictly prohibited, regardless of local laws or cardholder status. Getting caught can result in termination.

Keep in mind that following these tips does not guarantee that you will be hired or protected from getting fired for using cannabis.

The bottom line: In most cases, first responders cannot use cannabis

For first responders, laws regarding cannabis use are complicated.

While some states offer certain legal protections to police officers, firefighters, and EMTs, most do not, regardless of whether or not a person has a state-issued medical cannabis card.

If you live in a state that does protect first responders with medical cards, consider getting your card today. Leafwell’s telehealth services make it easy to get your state-issued medical card quickly.

Resources

• 2024 Minnesota statutes. https://www.revisor.mn.gov/statutes/cite/181.938
• AB-2188. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2188
• Attorney general medical marijuana enforcement guidelines for police. https://www.nj.gov/lps/dcj/agguide/med_marijuana_enf_guide.pdf
• Guide for employers: Marijuana and other substances of use in the workplace. https://www.maine.gov/labor/labor_laws/publications/2018/MDOL_Guide_to_marijuana_in_the_workplace_March_2018.pdf
• HB3883. https://www.ilga.gov/documents/legislation/103/HB/10300HB3883.htm
• The Americans with Disabilities Act (ADA). https://www.ada.gov/
• The Rhode Island Cannabis Act. https://webserver.rilegislature.gov/Statutes/TITLE21/21-28.11/21-28.11-29.htm