California Legislative Battle Over Off-Duty Cannabis Use for Peace Officers

LEGISLATIVE UPDATE 
By: Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

There continues to be no restriction for off-duty cannabis use by peace officers.

Effective January 1, 2024, Government Code 12954 was enacted, prohibiting a law enforcement agency from discriminating against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person because of their use of cannabis off the job and away from the workplace.

A new bill, SB 1264 (Senator Grove (R) - Bakersfield), was passed by the Senate to add peace officers to the list of occupations prohibiting off-duty cannabis use. This bill was supported by the California Police Chiefs Association and the California Sheriffs Association. However, it did not receive sufficient votes in the Assembly Judiciary Committee to move forward. It remains open for reconsideration, facing a steep hill to climb this legislative year.

Assembly Member Chris Ward (D - Coronado) stated the bill was unnecessary, noting that law enforcement organizations can test and discipline workers for on-the-job impairment. "Generally, I think the high standard is to be a responsible adult. Know that if you do choose to use recreationally, do so at a time and place that is safe and does not put yourself or others in harm’s way."

Assembly Member Rick Chavez Zbur (D- Santa Monica) expressed concern about testing ....