In a landmark decision, the Chicago Police Board has ruled that Officer Marshall Andrews Jr. can continue his service rather than face dismissal following a positive test for marijuana, marking the board’s first ruling on cannabis-related cases since its legalization in the state of Illinois.
This ruling comes after Chicago Police Superintendent Larry Snelling sought to fire Andrews for failing a drug test in August 2021. Instead, the board decided on a 90-day suspension, reflecting the evolving landscape regarding cannabis use in law enforcement.
The board acknowledged that while previous instances had led to firings for cannabis use, the legal landscape has changed, allowing both medical and recreational use of marijuana under Illinois law.
In their decision, the board emphasized the need to assess future disciplinary actions on a case-by-case basis, highlighting a shift in perspective regarding officers using cannabis.
During an evidentiary hearing held in May, Andrews argued that his positive test result stemmed from accidentally consuming cannabis-infused food at a barbecue in Michigan shortly before the test. However, a physician who testified on his behalf claimed that Andrews mentioned consuming a brownie, a detail he did not share with police investigators.
Additionally, a friend who hosted the barbecue testified that Andrews does not use drugs, and his sister, a former officer, described him as an admirable figure within a law enforcement family, emphasizing his role as a devoted father.
Despite these testimonials, the board found Andrews’ explanation implausible. They voted unanimously, 8-0, to suspend him for 90 days while acknowledging the unprecedented nature of his case.
The board stated, “Officers who use cannabis are no longer violating a law they swore to uphold,” reflecting an understanding that the legalization of cannabis lessens the chance of officers engaging with illegal drug enterprises.
However, they reiterated that the Chicago Police Department’s policy against cannabis use remains enforceable, with violations potentially leading to strict disciplinary measures, including termination.
Andrews’ attorney, Tim Grace, expressed optimism about the ruling, suggesting that law enforcement officials should be permitted to utilize a legal substance similar to other members of society. He argued that officers often use cannabis during their personal time for various reasons, including pain relief and relaxation.
Meanwhile, Superintendent Snelling is pursuing dismissal for two additional officers, David Gibson and Elmer Carrillo Jr., who have also tested positive for marijuana. Carrillo is scheduled to have his evidentiary hearing beginning on September 24, while Gibson has chosen to take his case to arbitration, a route now available following a ruling by Cook County Judge Michael Mullen.
This ongoing dispute regarding handling such disciplinary cases has escalated, with a panel of appellate judges set to decide whether Judge Mullen’s mandate for public arbitration hearings should remain intact.
image source from：chicago
