A San Antonio firefighter-paramedic claims he was effectively forced out of the San Antonio Fire Department after testing positive for THC despite participating in Texas’ Compassionate Use Program and possessing documentation showing his use of legally prescribed low-THC cannabis.

Firefighter/Paramedic Zachary Crumley, who has been with the department since 2018, publicly challenged the city’s actions during a press conference held by the San Antonio Professional Firefighters Association. According to Crumley, he began using low-THC cannabis under the state’s Compassionate Use Program for a medical condition related to his work as a firefighter.

The dispute began following a random drug test administered on November 21, 2025. Crumley said he immediately provided documentation showing he was enrolled in the Compassionate Use Program. Despite that documentation, he was informed on December 8 that he was being placed on administrative leave due to the positive THC test.

Under the parties’ collective bargaining agreement, a positive drug test is reportedly treated as a negative result when “the circumstances leading to the test result were other than illicit drug use.” Union officials contend that provision applies to firefighters legally using low-THC cannabis through the state program.

Following the positive test, Crumley underwent a fitness-for-duty evaluation. According to the union, he was medically cleared for duty and was evaluated by a psychiatrist who found no impairment or decline in job performance. However, the city ultimately determined that he was not fit for duty while using THC and required him to produce a negative drug test before returning to work.

A second drug test administered in January also returned positive for THC. Crumley remained off duty while using accumulated leave. After exhausting paid leave, he received one week of unpaid leave. He later sought additional unpaid leave, but that request was denied.

According to Crumley, he was placed in an impossible position. Quoting from KENS5:

• The psychiatrist the fire chief sent me to did not find that I was physically or mentally incapable of doing my job.
• He did not identify any actual impairment preventing me from working.
• He explicitly stated that I had no observed decline in mt job performance.
• Despite this, I was labeled as unfit for duty.

On May 22, 2026, Fire Chief Valerie Frausto notified Crumley that the department was accepting what the city characterized as his resignation after he failed to return to work.

The San Antonio Professional Firefighters Association contends that the city violated the collective bargaining agreement and alleges that Crumley’s case is not an isolated incident. Union President Joe Jones stated that the city has improperly handled several similar cases involving firefighters participating in the Compassionate Use Program.

Quoting from the San Antonio Express-News,

• The city has violated their own guidance at least five times that we know.
• Zachary Crumley is merely the latest firefighter to be victimized.

The city disputes the union’s allegations and maintains that the department followed established procedures. In a statement released through the city, Chief Frausto emphasized the department’s public safety responsibilities. Quoting from KENS5:

• The City of San Antonio must ensure that firefighters are not impaired when they respond to emergencies, operate heavy equipment, enter burning buildings or provide medical treatment to residents.

City Attorney Andy Segovia likewise defended the city’s actions, stating that fire department officials followed the city’s fitness-for-duty process after a medical professional concluded Crumley was not fit for duty while using marijuana. Quoting from KENS5:

• The Fire Union’s allegation that the City violated state law or the collective bargaining agreement is false.
• During the 2024 collective bargaining negotiations, the City agreed that a THC test result would not be treated as a disciplinary ‘positive’ if a firefighter has a valid Compassionate Use Card. 
• While not treating the compassionate use as a disciplinary matter, the City also made clear that legal use of medical marijuana does not eliminate the City’s obligation to determine whether a firefighter is fit for duty.
• That is the issue in this case.
• This firefighter was not disciplined for having a Compassionate Use Card or for legally using medical marijuana.
• After the firefighter tested positive for THC and provided proof of a Compassionate Use Card, the City followed its administrative fitness-for-duty process.  
• He was found not fit for duty while using marijuana, allowed to use available leave, granted additional leave without pay, and given opportunities to retest for a ‘negative’ result so that he could return to work.
• He ultimately exhausted all leave without testing ‘negative.’

The dispute comes as Texas’ Compassionate Use Program continues to expand. Originally enacted in 2015, the program permits qualified patients to obtain low-THC cannabis products for certain medical conditions through physicians registered with the state program. Texas law authorizes the medical use of low-THC cannabis under the program, but the statute does not expressly provide employment protections for employees who lawfully participate in it.

The union has threatened legal action seeking Crumley’s reinstatement.