ALBANY, N.Y. — A former New York state trooper is seeking reinstatement after being fired following two positive THC tests in 2025, arguing his off-duty cannabis use did not affect his work and was protected under state law.
Alexsandr J. DelCorvo filed the lawsuit in late October with support from the Police Benevolent Association of the New York State Troopers, the Times Union reported. The petition, filed in state Supreme Court, names the State Police, Superintendent Steven G. James and the state Division of Criminal Justice Services.
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DelCorvo, an Air Force veteran who joined the State Police in 2014 and worked in the Rochester area, said he used gummies to help manage pain and sleep problems following an on-duty back injury. He denied using cannabis before or during a shift or working while impaired, according to the petition.
A three-member disciplinary panel unanimously recommended that DelCorvo remain employed, with a 90-day unpaid suspension and one year of probation. According to the lawsuit, the panel found no indication that he consumed cannabis on duty or that his use affected his ability to work.
James rejected the recommendation and ordered his termination, the Times Union reported. DelCorvo also lost his state police certification, preventing him from working as a police officer elsewhere in New York, according to the lawsuit.
The petition says two State Police supervisors who testified during the disciplinary hearing had not observed impairment or performance issues involving DelCorvo. It also challenges the penalty, arguing other troopers received opportunities to keep their jobs after alcohol-related incidents.
PBA President Charles W. Murphy criticized James’ decision to override the panel and called for the agency to reconsider its restrictions on off-duty cannabis use, the Times Union reported.
Although New York legalized adult-use cannabis in 2021, State Police policy prohibits troopers from using marijuana.
The lawsuit argues that state labor protections for lawful cannabis use outside working hours apply to DelCorvo. The union maintains that exceptions to those protections do not apply because State Police did not allege he used cannabis on duty or worked while impaired.
The petition asks the court to overturn his termination and declare that State Police cannot fire troopers solely for lawful, off-duty cannabis use.
“The board that heard every piece of evidence agreed I should still be a trooper. I’m asking for a fair resolution,” DelCorvo said in a statement issued by the PBA.
How has your agency addressed off-duty cannabis use as state laws have changed?
