Judge Orders Reinstatement Of Jersey City Cop Who Was Fired After Testing Positive For Marijuana

An administrative law judge recently ruled in favor of a police officer who was fired in Jersey City this April after testing positive for marijuana. Norhan Mansour was one of three police officers who were fired over the same issue and who pushed for reinstatement, filing their petitions before the Civil Service Commission.

The layoffs were kind of a surprise considering that in April 2022, Attorney General Matt Platkin issued a memo to police chiefs and law enforcement agencies instructing them that they “may not take any adverse action against any officers because they do or do not use cannabis off duty.”

In February, it was announced that New Jersey officers will no longer be tested for cannabis use unless they're suspected of using or being under the influence while on duty or if their position requires federal drug testing. It appears that officers were tested before this decision.

What Happened: Judge ruled that Mansour should be reinstated and that her pay should be resumed as well as that Jersey City should provide backpay to the date of her termination, first reported by Jersey City Times. 

The court did acknowledge the conflict between state and federal law, but declined the city’s arguments. 

“The state legislature recognized that the personal use of cannabis remains illegal under federal law…our legislature expressly directs law-enforcement agencies in New Jersey not to cooperate with or assist the federal government in enforcing these federal laws,” the court said.

As for the firearm argument, the court answered: “Municipal police officers are exempt from the requirement to have a firearms permit to carry a firearm in any place in the state, provided they have had firearms training in the Police Academy and qualify each year.” 

The other three Jersey City officers who were fired even though they also denied consuming weed while on duty are still under consideration. 

Why It Matters: Peter Paris, argued that what Jersey City did is the same as firing a police officer for having a glass of beer of duty. “Except it’s worse because there is no constitutional right to drink beer, while there is a constitutional right in New Jersey to consume cannabis.” 

What’s Next: The decision is now forwarded to the Civil Service Commission, which can confirm it, change it, or reject it. Paris is confident the Commission will adopt this recommendation.

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