The Lafayette Police Department Civil Service Board on Tuesday opened the door for the city’s parish government to reconsider how the expansion of use of CBD products could affect their drug policies after a Lafayette Police Department officer who failed a drug test was returned after allegedly being readily available. Popular sleeping drops containing CBD hemp oil.
The city fired Officer Bernard Anderson in June after he was involved in a traffic accident on December 24, 2020, while on duty, and he returned a mandatory drug test after the accident and retested his urine sample for marijuana metabolites, which are chemicals. Created by the body breaking down drugs.
For suspected marijuana use, the analysis typically looks for metabolites created by breaking down THC, the psychoactive ingredient that gives marijuana users a high, according to the Mayo Clinic.
Matt and Crystal Grayson are growing a cannabis farm in Broussard into what they hope will one day become the Amazon of the cannabis world. And …
An internal affairs investigation was conducted, including a computer audio pressure analyzer test that did not indicate that Anderson was lying about his alleged use of CBD, and Anderson was terminated, in line with the Lafayette government’s consolidated zero-tolerance drug policy.
On Tuesday, the Municipal Board of Fire and Police voted 3-1 to reinstate Anderson. Board member Mickey Broussard voted against, while member Dwight Prudhomme was absent. An exact re-employment date has not been set, but Anderson will be given late pay.
Anderson said the positive test results stemmed from the prolonged use of CBD drops as a sleep aid. He started using the drops regularly three to six months before the accident on the recommendation of his wife, the nurse, who co-workers who used them referred to the drops, he said.
“I have problems falling asleep and staying asleep. It’s always been like this. I started paying more attention to it when I joined PD because obviously it’s a serious role and I don’t have the ability to slack off my wakefulness, sleep is a major part of that,” Anderson said.
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CBD, or cannabidiol, is a compound found in the hemp plant and can be extracted from either hemp or marijuana, which are two types of cannabis. CBD is often derived from hemp, which the Congressional Research Service defines as containing less than 0.3 percent THC.
In 2019, the Louisiana legislature approved bills to establish a framework for the production of industrial hemp and the sale of hemp-derived CBD products, following 2018 federal legislation that took similar steps nationwide. Industry regulation of CBD and the THC content of CBD products is still under development.
Anderson’s attorney Alison Prejen made the argument that Paul Anderson’s marijuana metabolite levels could reasonably come from the THC found in his CBD supplement and that the urinalysis performed could not differentiate between illegal marijuana use and CBD.
Dr. Nichols Bergeron, chief medical review officer for Prime Occupational Medicine, confirmed that his office was unable to determine the exact substance the metabolites came from, but that it was a form of the marijuana plant or a product derived from it. He also confirmed that his office had not performed the CBD/THC ratio test, an analysis that compares the volume of CBD and THC metabolites to help potentially differentiate illegal marijuana use from CBD or the use of other cannabis products.
Anderson’s attorney also called a former co-worker and supervisor as character witnesses, who testified that Anderson exercised good judgment and never showed signs of marijuana use or other drug use in interactions on and off the job.
Matt and Crystal Grayson are growing a cannabis farm in Broussard into what they hope will one day become the Amazon of the cannabis world. And …
Ricky Zino, director of human resources for the united Lafayette government, said the department has a zero-tolerance policy for drug use, whether first-time use or repeat offence, and breaching the policy results in firings. Zino said the policy cover covers any illegal or illicit substances; When asked, Zino said the policy does not refer to CBD or contain specific CBD guidelines.
Zeno said the city’s diocese may need to review policy with CBD issues in mind after board questioning on Tuesday.
State Senator Fred Mills, the pharmacist who sponsored legislation passed in 2020 to legalize medical marijuana in Louisiana, told the board that some products may be made with higher levels of THC than what is legal, without consumers’ knowledge.
Board member Christina Olivier, introducing a motion to reverse Anderson’s firing, said she found that “the city did not act in good faith and in a just cause” in Anderson’s test.
The thing that settled the case, Anderson’s attorney, Alison Prejen, said after the ruling was the lack of a policy addressing CBD use. She said this issue had come up before and still had not been addressed by LCG in its policies.
“I am pleased that the board saw that the lack of progress LCG is making in following societal standards with CBD oil and CBD drops, or items that I can buy at the gas station or that come in a granola bar or an energy drink could cause me to lose my job and my livelihood,” Prijen said. The policy was zero tolerance for CBD, that’s what it is. He did not touch upon the substance he addressed.”
