LPP REPORT
The LPP and the new drug testing guidelines
With the attorney general’ s introduction of the new random drug testing guidelines, we thought this would be a good time to remind our members of how the NJ State PBA Legal Protection Plan works with regards to drug testing. The information below is not meant to be legal advice( we have enough lawyers for that), but simply advice on the way the plan can protect you in either a“ random” or“ reasonable suspicion” test.
The first piece of advice is not to use illegal drugs. I know that this may seem a little obvious, but we all knew from our academy days that we could be tested at any time, and a failed test could mean banishment from the law enforcement profession for life. This advice also applies to prescription drugs, including anabolic steroids, that are not specifically prescribed to you.
Several years ago, a group of members was investigated for using anabolic steroids prescribed by a dentist in Florida. I would think that most of our members would realize that there was something not quite right with this, but the law enforcement population is not immune to the misuse of drugs or the opioid epidemic, and taking pills not prescribed to you is similar to smoking pot when it comes to law enforcement drug screening.
Should you be summoned for a drug screen, the first thing you must do is submit to the test. You may not postpone the test. The plan does not cover refusal to submit to a random or reasonable suspicion drug screening. Your attorney can make those arguments at a later date with regards to the random selection process or any other procedural issues that may have been handled improperly.
Probably the most important advice we can give you is to have a second sample preserved. This can be held for a retest should you receive a positive for a banned substance. Our attorneys have won some cases involving chain of command and decertification of state laboratories, but these cases are few and far between.
Finally, it is important to report that the number of claims that involve positive drug tests are a small fraction of a percent with regards to the plan. This is a testament to the quality of our members. If you see one of your brothers or sisters in trouble, the state PBA has countless resources to get them help— please utilize those resources. d
16 NEW JERSEY COPS ■ APRIL 2018