Chicago Police Officer Keeps Job After Marijuana Test, Setting Stage for Policy Shift
A Chicago police officer will remain on the force after testing positive for marijuana, marking the first ruling of its kind by the Chicago Police Board since the drug’s legalization in Illinois. The decision, handed down on Thursday, suspends Officer Marshall Andrews Jr. for 90 days, despite Police Superintendent Larry Snelling’s push for dismissal.
The ruling signals a potential turning point in how the Chicago Police Department (CPD) handles cannabis use among its officers, acknowledging the changing legal landscape while upholding the department’s right to maintain standards of conduct. The board’s written decision stated that future disciplinary actions will be evaluated “on a case-by-case basis,” acknowledging the complexities introduced by the state’s legalization of cannabis.
A Novel Case in a Changing Legal Climate
The case centered around a random drug test administered to Andrews in August 2021. While the board has previously discharged officers for cannabis use, it recognized that the current legal framework differs significantly. “Officers who use cannabis are no longer violating a law they swore to uphold,” the board wrote.
During an evidentiary hearing in May, Andrews posited that he may have unintentionally ingested cannabis-laced food at a barbecue in Michigan shortly before the test. A physician who testified on Andrews’ behalf stated the officer reported consuming a brownie, though Andrews did not share this detail with police investigators. The board ultimately deemed Andrews’ explanation “not a credible explanation for the positive test result,” but acknowledged the unique circumstances of the case.
Implications for Pending Disciplinary Actions
This decision could establish a precedent for two other ongoing disciplinary cases involving Officers David Gibson and Elmer Carrillo Jr., both of whom face potential termination for failing marijuana drug tests. Carrillo’s evidentiary hearing is scheduled to begin on September 24. Gibson, however, has chosen to have his case reviewed by an arbitrator, a path made available last year by a Cook County judge, Michael Mullen, for officers facing serious misconduct allegations.
The debate over handling these cases has escalated to the appellate court level, which will determine whether Mullen’s ruling requiring public arbitration hearings will stand.
Balancing Legalization and Department Policy
Despite acknowledging the shift in legal status, the board affirmed the CPD’s right to prohibit cannabis use among its officers. “Nevertheless, CPD’s policy of prohibiting cannabis use continues to be justified and officers who violate this policy are subject to significant discipline, up to and including discharge,” the ruling stated.
Andrews’ attorney, Tim Grace, argued that officers “should be allowed to use a perfectly legal substance,” suggesting the board is beginning to recognize this perspective. Grace further noted that officers may utilize cannabis “for pain, for sleep, for relaxation—just like the rest of society.”
The board’s decision reflects a delicate balancing act between respecting individual rights in light of legalization and maintaining the integrity and operational effectiveness of the Chicago Police Department. The coming months will likely reveal how this ruling shapes the future of CPD’s drug policies and disciplinary procedures.
