A Chicago police officer who tested positive for marijuana will not be fired, following a ruling by the Chicago Police Board that marks its first decision involving cannabis use since legalization in Illinois.

(Photo credit: Raymond Boyd/Getty Images).

The board voted unanimously to suspend Officer Marshall Andrews Jr. for 90 days instead of removing him from the force after he failed a random drug test, rejecting Police Superintendent Larry Snelling’s push for termination.

While the board did not accept Andrews’ explanation—that he may have accidentally consumed a marijuana-laced item at a barbecue in Michigan—it still chose to issue a suspension rather than a discharge. A doctor testified on Andrews’ behalf that the officer had said he ate a brownie, though Andrews did not repeat that claim during the police investigation.

“While the board has discharged officers from CPD in the past for using cannabis, medical and recreational use of cannabis is now permitted by Illinois state law,” the ruling states. The board noted that future cases would be evaluated individually, and that the department’s current policy banning cannabis use remains in effect, with potential penalties ranging up to termination.

However, the decision could influence the outcomes of two other pending cases. Superintendent Snelling is also seeking the dismissal of Officers David Gibson and Elmer Carrillo Jr., who both tested positive for marijuana. Carrillo’s hearing is set to begin September 24, while Gibson has opted for arbitration.

Andrews’ attorney, Tim Grace, praised the board’s decision and said officers deserve the same rights as civilians when it comes to using a legal substance.

“Police officers who use it during their off-hours use it for pain, for sleep, for relaxation — just like the rest of society,” Grace said.