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Chicago Police Officer Spared Firing Over Marijuana Use, Board Rules
In a landmark decision following the legalization of cannabis in Illinois, the Chicago Police board has ruled that an officer who tested positive for marijuana will not be dismissed. Officer Marshall Andrews Jr., who failed a random drug test in August 2021, will instead serve a 90-day suspension, a departure from previous disciplinary actions.
Police Superintendent Larry Snelling had sought to terminate Andrews’ employment. Though, the Police Board, in its inaugural ruling on a weed-related case as legalization, opted for a less severe penalty. The board acknowledged in its written decision that “medical adn recreational use of cannabis is now permitted by Illinois state law,” while emphasizing that future disciplinary measures will be evaluated on a case-by-case basis.
This ruling could establish a significant precedent for at least two other pending cases where officers are facing termination for alleged cannabis use.
During a May evidentiary hearing, Andrews suggested he may have unknowingly consumed cannabis-infused food at a barbecue in Michigan shortly before his drug test. A doctor supporting Andrews’ defense stated that the officer had mentioned eating a brownie, though Andrews had not made this specific claim to police investigators.
A friend who attended the barbecue with Andrews reportedly described him as someone who “does not use drugs.” Andrews’ sister, a former Chicago police officer herself, testified to his strong family ties to law enforcement and his role as a “phenomenal father.”
Despite these testimonials, the board found Andrews’ clarification of unwittingly ingesting marijuana to be “not a credible explanation for the positive test result.” The board members unanimously voted 8-0 for the suspension, recognizing the novel nature of the case.
The board’s reasoning highlighted that officers using cannabis are no longer breaking a law they are sworn to uphold. furthermore, they noted that legalization reduces the likelihood of officers becoming involved with illegal drug operations. Nevertheless, the board reiterated that the Chicago Police Department’s policy against cannabis use remains in effect and that violations can still lead to significant discipline, including dismissal.
Andrews’ attorney, tim Grace, expressed satisfaction with the board’s decision, stating that police officers “should be allowed to use a perfectly legal substance.” Grace added that officers frequently enough use cannabis during their off-hours for various reasons, such as pain management, sleep, or relaxation, mirroring its use in the general population.
Simultaneously occurring, Superintendent Snelling is also pursuing termination for Officers david Gibson and Elmer Carrillo Jr. due to positive marijuana tests. Carrillo’s evidentiary hearing is slated for September 24th, while Gibson has chosen to have his case reviewed by an arbitrator, a process made available to officers facing serious misconduct allegations following a ruling by cook County Judge Michael Mullen last year. The broader dispute over how these arbitration cases are handled, particularly regarding public access, is currently under review by an appellate court.
