Although it is now legal for New Yorkers to possess and smoke marijuana, police agencies across New York are letting Officers know that they are still prohibited from using the drug, even while off duty.
This issue will probably need to be revisited if the federal government decides to remove marijuana from the list of banned drugs and legalizes possession.
However, even if legalized at both the state and federal level, the NYPD could face liability issues if a Police Officer is involved in a situation in which they had to use force on another person and through subsequent testing, it is discovered that they tested positive for marijuana use.
Moreover, people in possession of firearms are not allowed to use marijuana. There is still a federal ban in place despite the fact that Governor Andrew Cuomo has made it legal to use and sell marijuana in the State of New York.
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