Dear Nozzlehead: I am from a state that now allows personal use of marijuana. Our chief says she doesn’t care what “rights” we have to smoke off duty; if it’s found in our systems during random or accident/crash testing, we could lose our jobs. My response was that she can’t do that because the law allows us to smoke marijuana. We are considering having our union attorney take action to ensure our rights aren’t violated. At the kitchen table, it was suggested that I should write you about this–so here it is.
–Doobie
Dear Doobie,
Personal use of marijuana–now that’s something we needed to add to the mix of today’s fire service recipe.
Now, before you think I’m some old bastard who doesn’t support “progression,” I do. And I support people’s right to get stoned. Actually, when it comes to dealing with most non-fire people, I’d rather they be stoned. But now we are talking about the condition of firefighters and EMTs on the job … after smoking.
From what I understand, under your state law, you may get legally baked, order a LOT of pizza, and watch hours of Family Guy in the privacy of your own home. Life is good. In Washington state, for example, a new law decriminalizes possession of up to an ounce for those over age 21. The number-crunchers have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue–for schools, healthcare and basic government functions. Hmm. Basic government functions like fire protection? I say, light up!
But. Marijuana remains illegal under federal law. That means federal agents can still arrest people for it. And even in states that have legalized pot, driving under the influence of the drug is still considered illegal–so if you’re stoned while driving the fire apparatus, you will still be in violation of the law.
So why does any of this matter? As a long-time teetotaler and someone who “may” have gotten high a very few times–but that was for a formal study in sexuality with a female cannabis researcher who made me do it–I’m going to try to explain this to you in simple terms.
Compare pot to social drinking. You can’t do it at work and it cannot be found in your system while at work. At all. The issue you may find is that pot, unlike alcohol, stays in your system. How long? It depends on you, your usage and your size.
As one who always researches what I write about, I reached out to the experts at the weedblog.com (seriously) and after they stopped giggling, crunching on chips and asking me to repeat what I asked them numerous times, they told me that:
- A one-time user may show positive for 1—6 days
- Moderate users may show positive for 7—13 days
- Frequent users may show positive for 15+ days
- Heavy users may show positive for 30+ days
So that’s one issue. Your chief (and I assume your fire department policy) won’t allow you to be employed if the stuff is found in your system. That is a fair request.
But what about your “rights”–your what!? Sure, you have “rights,” but they do not trump the 9-1-1 callers’ right to have a qualified, trained, experienced and non-baked firefighter arrive on the scene.
More research: A recent article in one of FireRescue’s sister publications states that Colorado’s pot law is not intended to “‘affect the ability of employers to have policies restricting the use of marijuana by employees.’ … It is unlikely that employees would prevail against employers who terminate them for recreational marijuana use off duty” (Wirth, S. Blurred lines: navigating between the EMS workplace & personal life. EMS Insider 2014;41[3]:1,4).
So yeah, if your state allows it and you can assure yourself that it will never be found in your system when you are on duty or responding, then I guess you can smoke. On the other hand, you were given (and earned) the “right” to this highly sought position within your fire department. So, just like you can’t have booze in your system when you’re on duty, drugs that stay in your system–legal or not–should not be any part of your on- or off-duty routine.
You’re going to have your attorney look into this? Great. The public will then really understand what “we” feel is important. On the other hand, with it being legal in your state, your public may very well be … wait … umm … I forgot what I was going to say … something to do with … uhh … damn, what was your question? I’m really hungry.
