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Buffalo Police want clarification on medical marijuana policy

Posted at 6:29 PM, Nov 28, 2022
and last updated 2022-11-28 18:29:08-05

BUFFALO, N.Y. (WKBW) — The Buffalo Police Union that represents its officers wants to know the policy regarding medical marijuana and drug testing.

“In our contract, you test positive, you’re fired,” said Buffalo Police Union President John Evans. “You don’t get a second chance.”

And that’s the confusion for the union and officers. Where does medical marijuana fall?

“Officers call and ask, and I don’t know what to tell them. I’m not sure,” Evans said.

Evans says many of his officers have New York State Licensed medical marijuana cards to treat things like PTSD.

In a letter sent to the Common Council, Evans says the former company BPD used for random drug testing would cross-reference a positive test with any prescription the officer may have, but the new company just reports any positive test to BPD administration.

“We need further clarification because we don’t know,” said Buffalo Common Council Member Rasheed Wyatt.

Councilmember Wyatt says the council needs clarification from the state too.

“Even for us, this new legislation regarding funding is not clear,” he said.

The Buffalo News reports a settlement is forthcoming for a Buffalo Firefighter who was fired from the city after a random drug test in 2020 showed marijuana in his system.

According to the news, the lawsuit which is now playing out in the courts says the firefighter is a licensed New York State Medical Marijuana Card Holder, and uses it to treat chronic pain and PTSD he suffered while serving our country.

He’s seeking his job back, and $242,000 in back pay from the city.

Evans says no officers have lost their jobs over the muddy marijuana testing, but doesn’t want to see it get to that point, and wants something in writing from the city.