Texas lawmakers are demanding that officials review the case of a San Antonio firefighter who says he was fired for using low-dose THC despite having a prescription that should have been valid under the firefighters’ union’s collective bargaining agreement with the city.
In a letter sent Monday, 12 state senators and representatives – most of Bexar County’s state legislative delegation, including Democrats and Republicans – told City Council and City Manager Erik Walsh that they have “serious concerns” about the termination of firefighter and paramedic Zachary Crumley.
Crumley previously said he was fired in May after a positive drug test, even though he presented documentation showing he had a prescription for cannabis under Texas’ Compassionate Use Program.
Under the union’s employment agreement, positive drug tests are to be reported as a negative result if the “circumstances leading to the test result were other than illicit drug use.”
Use of medical cannabis was a concern for firefighters during last year’s round of contract negotiations, the union’s latest. According to the letter, City Attorney Liz Provencio said during negotiations that firefighters who had prescriptions would be protected by the medical review process established under the contract.
Crumley said a positive drug test in December prompted the department to send him to a medical professional for an evaluation, in accordance with the standard medical review process.
The psychiatrist found him unfit for duty, which made it impossible to him to return to work.
City Manager Erik Walsh stood by the psychiatrist’s findings on Wednesday, saying in a statement that the city “does not discipline firefighters for testing positive for (low-dose THC) if they hold a valid compassionate use prescription.”
Walsh said Crumley was given the chance to test again and return to work if the result was negative, but he chose not to. That constituted a voluntary resignation, the city manager added.
“The City has a duty to the public as well as to its firefighters to assure that individuals in safety-sensitive positions are fit for duty and cannot ignore a medical determination to the contrary,” Walsh said.
The letter from lawmakers accuses the psychiatrist who evaluated Crumley of “misstating” the law by claiming chronic pain and post-traumatic stress disorder are not covered by the Compassionate Use Program.
“The physician either chose not to review the law, did not review it thoroughly, or was influenced by his own personal opinion against medical cannabis, as the vast remainder of his report on Crumley was a personal diatribe against the efficacy and value of legal medical cannabis,” the letter alleges.
Crumley hasn’t publicly described his medical conditions, but the letter says he suffers from chronic pain and post-traumatic stress disorder.
The state lawmakers called on the city to investigate Crumley’s case and the medical review process. If the review finds the psychiatrist made an error, Crumley should be reinstated, the letter says.
“The city should certainly prevent any physician from avoiding state law and depriving employees like Crumley – or anyone else – of their livelihood and reputation,” the letter says.
The letter was signed by Rep. Philip Cortez, Rep. Marc LaHood, Rep. Josey Garcia, Rep. John Lujan, Rep. Barbara Gervin-Hawkins, Rep. Elizabeth Campos, Sen. José Menéndez, Sen. Roland Gutierrez, Sen. Donna Campbell, Rep. Ray Lopez, Rep. Diego Bernal and Rep. Mark Dorazio.
Union President Joe Jones previously threatened to sue the city if Crumley isn’t rehired, saying the city “has violated their own guidance at least five times that we know.”
In a written statement Wednesday, he thanked lawmakers for their letter.
“It is our sincere hope that city management and the fire chief see the delegation’s wisdom and heed their, and our, call to immediately reinstate Zach,” Jones said.
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This article originally published at Texas lawmakers demand review of S.A. firefighter’s termination after positive drug test.