Lafayette PD officer reinstated after firing over failed drug test he says was tied to CBD use – The Advocate

The Lafayette Municipal Fire and Police Civil Service Board on Tuesday opened the door for the city-parish government to reconsider how the widening use of CBD products impacts their drug policies after reinstating a Lafayette Police Department officer who failed a drug test after allegedly taking commonly available sleep drops that contained CBD hemp oil.

The city fired Officer Bernard Anderson in June after he was involved in a traffic crash Dec. 24, 2020, while on duty and both a mandatory post-crash drug test and retest of his urine sample came back positive for marijuana metabolites, the chemical substances created by the body breaking down the drug.

For suspected marijuana use, analysis typically looks for metabolites created by breaking down THC, the psychoactive component that gives marijuana users a high, per the Mayo Clinic.

Matt and Crystal Grayson are growing their Broussard hemp farm into what they hope will one day become the Amazon of the cannabis world. The f

An internal affairs investigation was conducted, including a Computer Voice Stress Analyzer test that did not indicate Anderson was lying about his purported CBD use, and Anderson was terminated, in line with Lafayette Consolidated Governments zero-tolerance substance abuse policy.

On Tuesday, the Municipal Fire and Police Civil Service Board voted 3-1 to reinstate Anderson; board member Micky Broussard voted against, while member Dwight Prudhomme was absent. An exact rehiring date was not stated, but Anderson will be afforded back pay.

Anderson said the positive test results stemmed from prolonged use of CBD drops as a sleep aid. He said hed begun using the drops regularly between three to six months before the accident on the recommendation of his wife, a nurse, who was pointed toward the drops by co-workers who used them, he said.

I have issues going to sleep and staying asleep. Its always been like that. I started paying more attention to it when I joined the PD because obviously its a serious role and I dont have the ability to slack on my alertness, and sleep is a major part of that, Anderson said.

The Lafayette Police Department has had five different leaders or acting leaders in the past two years since Mayor-President Josh Guillory too

CBD, or cannabidiol, is a compound found in the cannabis plant and can be extracted either from hemp or marijuana, two varieties 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 lay out a framework for the production of industrial hemp and the sale of hemp-derived CBD products, following on the heels of 2018 federal legislation that took similar steps nationally. Regulation of the CBD industry and the THC content of CBD products is still in development.

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Andersons attorney Allyson Prejean made the argument that the marijuana metabolite levels in Andersons urine could reasonably have come from THC contained in his CBD supplement and the urinalysis conducted could not differentiate between illicit marijuana and CBD use.

Dr. Nickles Bergeron, a medical review officer with Prime Occupational Medicine, confirmed his office could not determine what exact substance the metabolites came from, but it was some form of marijuana plant or derived product. He also confirmed his office did not conduct a CBD/THC ratio test, an analysis comparing the volume of CBD and THC metabolites to help potentially differentiate between illicit marijuana use and CBD or other hemp product use.

Andersons attorney also called a former co-worker and supervisor as character witnesses, who testified that Anderson exercised good judgment and had never shown signs of marijuana use or other substance abuse in interactions on and off the job.

Matt and Crystal Grayson are growing their Broussard hemp farm into what they hope will one day become the Amazon of the cannabis world. The f

Ricky Zeno, Lafayette Consolidated Government human resources manager, said the department has a zero tolerance policy for substance abuse, whether first time use or a repeat offense, and a policy breach results in firing. Zeno said the policy blanket covers any illegal or illicit substances; when questioned, Zeno said the policy does not reference CBD or have specific guidelines for CBD.

Zeno said the city-parish may need to review the policy with consideration of CBD issues after Tuesdays board questioning.

State Sen. Fred Mills, a pharmacist who sponsored legislation that passed in 2020 legalizing medical marijuana in Louisiana, told the board some products may be made with higher THC levels than is legal, unbeknownst to consumers.

Board member Christina Olivier, in offering the motion to reverse the firing of Anderson, said that she found the city did not act in good faith and just cause in testing Anderson.

The thing that clinched the case, Andersons attorney, Allyson Prejean, said after the ruling, was the lack of a policy addressing the use of CBD. The issue, she said, had come up before and LCG still did not address it in its policies.

I am thrilled that the board saw that the lack of progress that LCG is making in following societal norms with CBD oil and CBD drops, items I can buy at the gas station or that come in a granola bar or an energy drink can make me lose my job and my livelihood, Prejean said. If the policy is zero tolerance for CBD, thats what it is. It didnt address the substance that he took.

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Lafayette PD officer reinstated after firing over failed drug test he says was tied to CBD use - The Advocate