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