Firefighters union files injunction for right to use medical marijuana off duty

By Madison Elliott

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    LOUISVILLE, Kentucky (WLKY) — Louisville firefighters face a new battle against Metro Government.

The union representing the department is taking legal action to allow firefighters to use medical cannabis while off duty.

Medical cannabis became legal on Jan. 1.

The following day, in an email obtained by WLKY from Louisville Fire Department Chief Brian O’Neill, he says the department will continue to prohibit the use of marijuana by employees.

Louisville Professional Firefighters Local 54 filed a grievance with the city and the fire department following this decision.

“And we’ll follow that process,” said union president Jeff Taylor. “We’ll get an independent arbitrator in here. We’ll have, you know, both sides will have their argument as to who’s right, who’s wrong. And an arbitrator will ultimately grant an opinion based on, you know, how that plays out and we’ll follow that opinion.”

Taylor estimates the grievance process could take six months to a year.

In the meantime, the union filed an injunction in Jefferson County Circuit Court on Jan. 15.

Taylor says the injunction is to prevent members from being disciplined for using medical cannabis during the grievance process.

Under the new medical cannabis law, an employer is not required to permit or accommodate the use of medical marijuana.

Taylor says their collective bargaining agreement, negotiated last year, protects their members’ right to access medical cannabis.

In a letter to O’Neill in December, Taylor doubled down on that point.

The collective bargaining agreement has a disciplinary policy in place if a firefighter is found using a drug.

Under Article 30, Section 13 of the agreement, it says, “This policy does not supersede or waive any rights that the member may be entitled to under the Federal or State constitutions or laws.”

“And we spent a lot of time in contract negotiations on that particular article, and it really didn’t relent until, the chief negotiator for the city acknowledged that our language that it, as it existed, protected our members come Jan. 1,” said Taylor.

There are nearly 500 members of the fire department. Taylor estimates around half have applied for a medical cannabis card.

He believes medical cannabis should be treated like any other prescription.

“It deals with sleep disorders. It deals with pain management,” he said. “It deals with, deals with stress and anxiety issues. All of those things are things that firefighters deal with day in and day out. So to deny them the opportunity to utilize something in a healthy way, that can help them overcome whatever their medical ailment may be, I think it’s just a crime.”

Taylor says they are not advocating for members to use medical cannabis while on duty, only off.

“We can’t look at marijuana as somebody rolling a joint, going in the back lot, and getting high,” added Taylor. “That’s not what we’re advocating. We’re advocating for the tinctures or the gummy, something that has a regulated amount of THC in it that members can decide on what their proper dose is to deal with whatever their ailment is.”

The Jefferson County Attorney’s Office says they are unable to comment on pending litigation, but they will respond via the court.

Taylor hopes to hear back about the injunction this week.

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