What happens if a security officer has drugs in his system during a shooting? 7 Answers as of December 12, 2011
A licensed armed security officer who also has a medical marijuana license is involved in a 100% legal shooting. His actions are reasonable and declared justifiable. Although not under the influence at the time, still has thc in his blood. Is this a problem?Free Case Evaluation by a Local Lawyer!
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The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes, understand that you may be allowed to have medical marijuana it does not allow you to be under the influence or even in your system at work.
Answer Applies to: California
Replied: 12/12/2011
Wise Law Group | Michael J. Wise, Esq
The value of the THC will depend on its levels and his conduct as well as the conduct of the other person at the time of the shooting.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Tracey S. Sang | Tracey Sang
A blood sample was taken and tested for marijuana? Why? I assume if this was done then there must have been a problem to begin with. Clearly, the officer should not have been under the influence of MJ while on the job regardless of whether it was legally possessed. However, often habitual users have THC in their blood when they are not under the influence. It is hard to know exactly what you are asking without more information.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a security officer acting in the place of a police officer shoots a person and he has evidence of drugs in his system that fact will be included in the shooting report. How much weight the officers give to that in the report is dependent on how much he had I him and the other facts in the case.
Answer Applies to: California
Replied: 12/12/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
He has THC in his system. He is involved in a shooting which is deemed justified. He also apparently not under the influence.
Answer Applies to: California
Replied: 12/9/2011
Law Office of James S. Lochead | James S. Lochead
It doesn't appear to be a problem from the facts stated.
Answer Applies to: California
Replied: 12/9/2011
Law Office of Daniel K Martin | Daniel K Martin
This could be a huge problem. The officer should contact a criminal defense lawyer because I could easily see that person be charged with negligent discharge of a firearm. The theory is that a person who is under the influence of medical marijuana should not discharge a firearm.
Answer Applies to: California
Replied: 12/9/2011
