BERNALILLO COUNTY, N.M. — A New Mexico sheriff’s decision to remove county firefighters from a joint helicopter unit over an off-duty cannabis policy drew strong support from Police1 readers, many of whom said emergency aviation demands a higher safety standard.
Bernalillo County Sheriff John Allen ended the department’s partnership with Bernalillo County Fire and Rescue in late December after the county began allowing most employees to use cannabis while off duty and eliminated random cannabis testing.
Allen said the Metro Air Support Unit’s aviation and rescue work left no room for impairment risk. Firefighters union leaders countered that members assigned to the unit had voluntarily agreed to random testing, but the sheriff declined the arrangement.
As marijuana legalization expands, police and fire agencies face a broader question: Should first responders be allowed to use cannabis on their own time if they report for duty sober, or should the possibility of an unexpected callback mean stricter off-duty rules?
Police1 readers largely sided with Allen. Comments on the Police1 Facebook page were more divided, with some questioning whether an employer should control legal conduct outside work.
The case for the sheriff’s decision
Several Police1 readers said the demands of aviation and emergency response justified Allen’s decision.
“As a former member of several regional (Sheriff’s Search & Rescue) and federal (FEMA USAR) emergency and disaster response teams, with duties including aeromedical op’s, I fully endorse the decision to cut out those county firefighters by Sheriff John Allen. I couldn’t agree with him more.”
The reader cited the possibility of emergency callbacks and the smaller margin for error in aviation.
Another Police1 reader, who said they previously served as a task force officer with an air support unit, also supported the decision, stating that “safety was always a priority.”
For some readers, the issue was not limited to aviation assignments.
“Good move by the sheriff. Marijuana has no place in public safety — on or off duty!”
Some Police1 readers said off-duty use becomes an on-duty concern when first responders may be called back to duty without much warning.
“They never know when they might be called to duty and they might be under the influence when so called. For this reason, during my law enforcement career, I never used marijuana or alcohol at all.”
“Cannabis use slows down reaction time. This is a detriment to the safety of the public and fellow responders,” another commenter wrote.
Would random testing solve the problem?
The firefighters union proposed a memorandum of understanding under which Metro Air Support Unit members would voluntarily undergo random urine and breath testing. A member who tested positive would be removed from the unit and permanently disqualified from returning.
One Police1 reader said the proposal would do little to address impairment immediately before an unexpected deployment.
“The problem with the firefighter’s union asking for random testing is that it is only good AFTER the fact. If there’s an emergency and people have to dispatch quickly, you can’t test everyone a split second before takeoff to see if they’ve been smoking weed lately.”
Allen ultimately removed the county firefighters from the unit and replaced them with University of New Mexico Hospital personnel. The Sheriff’s Office said the change did not affect the unit’s capabilities.
Facebook commenters debate impairment, liability
Comments posted on Police1’s Facebook page were more divided. Some agreed that cannabis had no place in public safety, while others said the policy should focus on whether an employee is impaired at work.
“As long as they are not under the influence during duty or respond to a call while under the influence of Cannabis or alcohol, I see zero issues. I don’t understand why they have the right to control what they do on their own time if it is legal.”
Another Facebook commenter argued that cannabis use should not automatically disqualify an experienced first responder.
“Cannabis isn’t the bad guy here anymore. Just my .02 cents having been in the game for 31 years.”
The county policy was intended to allow most employees, including first responders, to use cannabis while off duty. When commissioners approved the change, supporters said first responders should be able to consult health care providers about cannabis as a possible treatment for post-traumatic stress and other conditions.
Other Facebook commenters questioned what could happen if cannabis were detected after a crash or workplace accident, even if the employee was not impaired at the time.
“Here’s another issue no one is thinking about. Marijuana stays in the blood for up to 12 hours and the THC can be detected 7 days or longer. So if a workplace accident were to occur, they would be required to do a toxicology.”
Another Facebook commenter raised concerns about cannabis use around helicopter operations.
“Just what we need: A helicopter pilot with weed in his system flying in high winds while helping ground crews battling a wildfire. What could possibly go wrong . . . .”
The firefighters removed from the unit were not identified as its pilots. The Metro Air Support Unit used Sheriff’s Office pilots and deputies alongside Fire and Rescue personnel who provided medical and rescue expertise.
Should legal off-duty cannabis use disqualify a first responder from certain assignments? Share your thoughts below.
Police1 readers respond:
- Disqualify from certain assignments, yes. It’s no different from having an alcoholic drink (actually better for you than alcohol) or being on certain medications that are ok. If not assigned to a special on-call unit, then off-duty use to a degree should be ok. There would have to be some rules and limits to the amount of THC that can be ingested, etc.
- First responders should not be allowed to partake in any impairing drug period. Whatever happened to PROFESSIONALISM? I suppose that is a thing of the past. It used to be that the Company dictated the terms of work and conditions; it seems that now the crybabies want to do what they want instead of what is expected of them. What has the US and this world come to?
- Given the residual effects of THC in the body, long after active use, marijuana use has no place in the high-stakes public safety professions — particularly aviation. Just seems like common sense!
- So does this mean that the county firefighters driving heavy equipment at high speeds are waived from the CDL requirements?
- Lawful off-duty conduct is not necessarily beyond an agency’s legitimate authority, particularly in law enforcement. In Jones v. Franklin County Sheriff, 52 Ohio St.3d 40 (1990), the Ohio Supreme Court affirmed discipline for off-duty conduct and emphasized that police officers are held to a higher standard than the general public and must, even while off duty, conduct themselves in a manner that does not bring disrespect upon their agency. This principle is consistent with U.S. Supreme Court precedent recognizing that government employers have greater authority to regulate employee conduct when necessary to preserve the effective and efficient delivery of public services. The concept is no different from an officer legally consuming alcohol but becoming so intoxicated in public that the conduct damages the agency’s reputation or the officer’s fitness for duty. Marijuana presents an additional public-safety concern: first responders may be recalled without warning to perform duties requiring immediate judgment, reaction, coordination, and decision-making, while testing cannot reliably ensure readiness immediately before an unexpected deployment. For those entrusted with firearms, emergency vehicles, arrest authority, and the protection of life, the standard should not simply be whether off-duty conduct is legal — it should be whether that conduct is compatible with the readiness, responsibility, and public trust inherent in the profession.
- The use of any form of drug on or off duty should be disqualifying for being an emergency responder. There is no room for law enforcement officers to use drugs of any type on or off duty. Law enforcement officers should be above reproach and be steadfastly free from all drugs. When a physician medically issues a prescription for a narcotic for pain control, the officer should not be allowed to return to duty until the officer is no longer in need of drugs prescribed. When an officer uses force and a drug test is required, and has used drugs prior to the shift, the drugs remain in the system and will show up. Then the law enforcement agency will have a problem with a civil action even if the officer is correct that the officer was impaired. Law enforcement should not be allowed to use any kind of drug off duty.
- Yes, it should be a disqualifying factor. Marijuana is not similar to alcohol. Today’s marijuana is not the 3% Cheech and Chong weed from the old days. There are versions and strains reaching over 99% pure THC. The amount of cannabis in each part of the plant cannot be controlled the same as the BAC and Proof of Alcohol. The question to me is, do I feel someone who has been smoking marijuana is safe to drive my grandchildren around? The answer is unequivocally no. So why would I want a responder coming to my backup with it in their system?
- Weed is still federally illegal. Like it or not. Why are we even discussing if any government employees are able to get high? It’s illegal. End of story.
- There should be an appropriate commitment or requirement of any officer to commit to the job, assuming resources have been spent on his training, unless there are extenuating circumstances! Monetary repayment is one of the options to be determined by the appropriate authority.
- Law Enforcement Officers should NEVER be allowed to use cannabis!!!!!!! As a lifelong Police Officer, the more regulations of Agencies are eroded the greater the harm to Law Enforcement. It places Officers and the public in greater danger. If you do not like the rules and regulations, then please choose another area of employment!
- I have locked up more than one person stoned on cannabis. As far as I am concerned, there is no good use for the stuff unless you are being treated for cancer. like alcohol it limits your thought process. It also has a longer time in your system
- I seriously believe MJ use has no business in L/E or first responder use. Since it remains in the system for several hours if not days on end, and there are no reliable proven studies that it is harmless, and doesn’t impact judgment it has no business in first responders or emergency personnel’s systems. Like, I do not want a doctor or medical professional who uses drugs, including M-J, operating on me, or administering meds. Common sense is escaping us here and users or supporters need to get their heads out of their behinds.
- Yes, any first responder police officer if cannabis is helping them with their injuries based on severe major, chronic pain suffering helping them to do their job every day maintaining excellence of success. Yes, they should be allowed to use it. They put their life on the line every day to protect the public; injuries occur. Chronic PAIN, gout and arthritis. Yes, they should be allowed to use it and not be questioned at any time because it is a pain reliever that helps them to complete the task of completion satisfaction to maintain excellence.
- Can’t speak to fire personnel, but for police, carrying a firearm while under the influence of a federally controlled substance is still illegal and consuming said federally illegal substance is already a crime in the first place. Police officers have no discretion to break any federal law, regardless of what your state says. If you want to smoke weed, you can’t be a cop.
- I feel safer it than alcohol and not an issue anymore.
- Given the residual effects of THC in the body, long after active use, marijuana use has no place in the high-stakes public safety professions - particularly aviation. Just seems like common sense!
- No. Time to take organized crime out of the equation.
For anyone who says cannabis is not okay for LE, do they believe off-duty alcohol use is ok for LE? Many, if not most of our arrests deal with common hardcore drugs, such as meth, fentanyl, heroin, as well as many criminals being under the influence of alcohol. It is pretty rare to arrest someone who is just ‘high’ on cannabis. Many of our LE suicides could be attributed to alcohol use. Depression and PTSD often coincides with alcohol use. I understand the impairment issues, but if you are not going to support cannabis use then you should not support alcohol use either. Those individuals who drink off-duty and do not respond when called in until they are sober should be treated the same for cannabis use. You will not know the statistics until you have allowed it and can see if there is an uptick in incidents. What I believe we would see is less LE suicide, less off duty incidents, such as DV and assaults/batteries, as well as less DUIs for officers off-duty. I would say at least give it a chance and treat it the same as off-duty alcohol use. Put in place parameters such as not use within 8 hours of shift, no use while in on-call status, and if called in for emergency, wait until sober and then respond safely and sober. Treat it the same as alcohol and then gather the evidence and statistics to drive the next policy or legislative decisions.
