Bill > A3914

Introduced Session

This bill permits law enforcement agencies to prohibit recreational use of cannabis items by law enforcement officers. Under current law, employers are prohibited from refusing to hire a prospective employee or taking adverse action against a current employee, including discharge from employment, because the person does or does not use cannabis items. Employers are permitted to drug test employees based on a reasonable suspicion of an employee's use of a cannabis item while engaged in the performance of the employee's work responsibilities or upon finding observable signs of intoxication, but may not require an employee to abstain from recreational usage while off-duty. The bill provides that a law enforcement agency or an appointing authority, in the case of constables and humane law enforcement officers, may discharge from employment or appointment or take any adverse action against a law enforcement officer with respect to compensation, terms, conditions, or other privileges of employment or appointment if that uses cannabis items pursuant to the recreational use statute. Additionally, the bill provides that a law enforcement officer may be subject to adverse action by an employer or appointing authority solely due to the presence of cannabinoid metabolites in the law enforcement officer's bodily fluid. The bill further provides that a law enforcement agency or appointing authority may conduct random drug tests of law enforcement officers. The drug test is required to include testing methods and procedures as determined by the Attorney General. Under the bill, a law enforcement agency may refuse to hire and an appointing authority may refuse to appoint a prospective law enforcement officer due to use of cannabis items, as permitted under the recreational use statute, and may employ the use of drug testing as part of pre-employment screening. The bill defines a "law enforcement officer" as a person employed as a full or part-time member of a law enforcement agency who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State. The term additionally includes special law enforcement officers of all classes, constables, auxiliary police, and humane law enforcement officers. "Law enforcement agency" is defined to mean a department, division, bureau, commission, board, or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

AI Summary

Committee Categories

Annette Chaparro (D)*,  Lou Greenwald (D)*,  Gabriela Mosquera (D), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 05/02/2022)

Official Document