A nearly 12-year veteran of the New York State Police who mostly served with Troop E in Rochester has been fired over off-duty cannabis use, even though a disciplinary panel unanimously recommended he keep his job. Now the state troopers union is suing to get him his badge back.
The New York State Troopers Police Benevolent Association announced Thursday that it filed an Article 78 petition in State Supreme Court in Albany County, according to Spectrum News. The lawsuit challenges State Police Superintendent Steven James’s decision to fire Trooper Alexsandr Delcorvo, an Air Force veteran, and seeks his reinstatement. It names the State Police, James, and the state Division of Criminal Justice Services as defendants.
According to the union, Delcorvo tested positive for THC in June 2025 after using CBD gummies to cope with pain from a back injury he suffered on duty. He said he made a mistake using cannabis to deal with the pain and acknowledged it when he was asked, the union said. The union also stated that Delcorvo did not use cannabis while on duty and was not impaired while working.
Panel Recommended He Keep Job, Superintendent Overruled It
A state police disciplinary panel unanimously recommended that Delcorvo keep his job, and a disciplinary board followed up by issuing him a 90-day unpaid suspension and one year of probation. Despite that outcome, Superintendent Steven James fired Delcorvo on July 3. The union says Delcorvo is now barred from working in law enforcement anywhere in New York State.
Charles Murphy, president of the New York State Troopers Police Benevolent Association, said James disregarded the disciplinary panel’s recommendation and called the decision an abuse of authority. Murphy pointed out that New York legalized adult cannabis use more than five years before this case, and he described cannabis as a 100 percent legal substance. The union argues the firing violates New York Labor Law.
Union Points to Recruitment Pressures
Murphy also framed the firing against what he called a serious recruitment crisis facing the State Police, saying cannabis use is now more prevalent than alcohol consumption among young people. He called for the division to reconsider its rules on responsible off-duty cannabis use. The New York State Police declined to comment, citing the pending litigation.
New York’s own cannabis regulators have weighed in on how state law treats workers who use cannabis legally outside the job. Material from the New York Office of Cannabis Management states that the Marihuana Regulation and Taxation Act and Labor Law Section 201-D apply to all employees, regardless of their educational status, though students who aren’t employees fall outside that protection. A separate cannabis.ny.gov fact sheet states that employers cannot take adverse action in compensation, promotion, or other terms of employment because of an individual’s lawful cannabis use outside work hours, provided the use is off the employer’s premises and does not involve the employer’s equipment or property.
A Similar Fight Played Out in New Jersey
Delcorvo’s case echoes a fight that recently played out across state lines. In May, the New Jersey Appellate Division ruled that firing Jersey City police officers Norhan Mansour and Omar Polanco over lawful off-duty cannabis use violated the state’s cannabis law, according to Employment Litigation. Those officers had tested positive for cannabis in September 2022, and neither was accused of using it on the job, showing up impaired, or consuming unregulated products, the outlet reported.
The New Jersey court also rejected the police department’s argument that federal law preempted the state’s cannabis protections, finding that federal firearms restrictions do not apply to weapons issued for state or local government use, per the same report. In the end, the Appellate Division affirmed orders reinstating both officers with back pay and benefits, since their cannabis use was legal, off duty, and unconnected to any on-duty impairment.
Whether New York’s courts will reach a similar conclusion in Delcorvo’s case remains to be seen. The lawsuit is now before the Albany County State Supreme Court, with the union pressing for his reinstatement and the State Police declining to discuss the matter further while litigation proceeds.
