Politics
Why Two New York Firefighters Are Suing The Government Over The Right To Use Medical Marijuana (Op-Ed)
“Public safety and fair treatment for medical cannabis patients can both be taken seriously. We should be able to distinguish evidence of past cannabis exposure from evidence that someone was impaired on duty.”
By Ryan Quinn
I am one of two firefighters in Utica, New York who were suspended after urine tests detected cannabis metabolites. Both of us were certified medical cannabis patients. Neither of us was observed or accused of being impaired while on duty.
The other firefighter complied with the city’s return-to-work requirements under duress. He discontinued his medically authorized cannabis treatment and completed the required testing because he believed he had no practical alternative if he wanted to return to his career. His 60-day suspension began July 29 but did not end until October 9—72 days later—when he was approved to return to work. His first day back was Wednesday.
My employment, on the other hand, remains uncertain.
I joined the Utica Fire Department in 2007 and became a paramedic in 2009. I’ve spent much of my adult life responding to emergencies, treating patients and helping people during some of the hardest moments of their lives. I understand that public safety must come first and that no firefighter should work while impaired.
In 2024, I became a certified New York medical cannabis patient. I was hesitant because of the stigma surrounding cannabis and concerns about my employer’s reaction. But the treatment has helped me manage pain and symptoms associated with other medical conditions.
On January 22, I helped search for victims at a large structure fire that claimed two lives. I developed shoulder pain following those firefighting duties and reported it as a line-of-duty injury. I have not been able to return to full firefighting duties, and my doctors have been seeking authorization for surgery. During my recovery, I was ordered to report for light-duty desk work despite continuing pain.
On July 27, I was selected for a random, employer-directed urine test. It was classified as non-DOT, meaning it was not conducted under federal Department of Transportation testing rules. The result was positive for cannabis metabolites.
Cannabis metabolites can remain detectable long after the impairing effects have worn off. The same basic principle applies to alcohol. Certain urine tests can detect alcohol metabolites for days after someone has been drinking, even though the intoxicating effects have ended. Detecting a substance’s metabolites does not, by itself, establish that someone was impaired while working.
On August 5, Utica Mayor Michael Galime circulated a statement acknowledging that a positive cannabis test can indicate past exposure without establishing impairment at a particular time. He also discussed workplace safety and liability concerns.
The next day, the city imposed a 60-day unpaid suspension on me.
Our union contract contains an exception for certain medically authorized controlled substance use. The city initially said my medical documentation was insufficient. Following another medical evaluation, my treating physician supplied an opinion addressing the city’s stated concerns. The city still declined to apply the exception in my case.
I believe public safety and fair treatment for medical cannabis patients can both be taken seriously. We should be able to distinguish evidence of past cannabis exposure from evidence that someone was impaired on duty.
The city also ordered me into a substance abuse professional evaluation and return-to-duty process. I am participating in that city-ordered process.
The other firefighter and I, along with our union president, are plaintiffs in a lawsuit challenging the city’s application of its drug testing policy. His return to duty has not ended that legal challenge.
I am also representing myself in a separate New York Supreme Court case over the interruption of my salary following my line-of-duty injury. I simply cannot afford to hire another attorney.
New York law provides salary protections for firefighters with qualifying line-of-duty injuries. But taking outside employment while receiving those benefits can cause a firefighter to lose them. My injury continues, my salary has been withheld and finding another source of income could put the benefits I am trying to restore at risk.
I also applied for unemployment benefits, hoping for some temporary financial relief. The Department of Labor informed me that it could not establish my benefit rate without additional proof of my earnings. I was told that approximately two years of my city wages were missing from the state’s records. Despite supplying the additional information requested, I still have not received any financial assistance. This has become another obstacle while I struggle to support my family without a paycheck.
The financial strain on my family has been substantial. I’m trying to protect my employment and obtain treatment for my injury while handling a legal case on my own.
New York provides protections for certified medical cannabis patients and certain lawful off-duty cannabis use. It also allows employers to address workplace impairment and comply with applicable safety requirements. My concern is how those protections are applied when an employee has a positive test but has not been accused of working while impaired.
I also wonder how many public employees have already faced similar circumstances and felt they had no practical choice but to accept discipline or discontinue medically authorized treatment. Challenging an employer’s decision can mean risking your livelihood, and not everyone can afford months without a paycheck or the cost of legal representation.
I am approaching my 20th anniversary with the Utica Fire Department in March 2027. My shoulder treatment and court proceedings are ongoing, and I do not know what will happen to my employment.
I hope our cases help clarify how medical cannabis protections should work in practice, so the next firefighter or other public employee in this position has a clearer path forward.
I’ve spent almost 20 years serving the public. I believe the people who do that work deserve a fair chance to protect their own rights, too.
Ryan Quinn has served with the Utica Fire Department since 2007 and as a paramedic since 2009. He is a certified New York medical cannabis patient.
