Yes, It's Legal For NJ Cops To Use Weed Off-Duty, Another Case Confirms No Conflict With Fed Law

Can police officers consume marijuana off-duty in states where it's legal?

While some may assume that the answer is easy and clear, in reality, it is not. Last year Jersey City police officer Omar Polanco was fired for testing positive for THC after a random urine test. There was no proof that Polanco was impaired or that he consumed while on duty.

Fortunately for him, on Wednesday the Civil Service Commission upheld an administrative law judge’s ruling from last month, confirming that police officers are allowed to use marijuana off-duty under state law, reported Jersey City.

Previously, Mayor Steven Fulop stood behind the city’s ban on cannabis use, publicly posting his opinion that allowing police officers to consume marijuana would “put our officers + community at risk with impaired judgment.”

The Commission’s decision rejected the city’s policy and reaffirmed that federal law does not preempt New Jersey's cannabis law. Administrative Law Judge Joann Lasala Candido previously explained there was no clash with federal law because New Jersey police officers are authorized to carry service weapons without federal permits. Candido ordered Polanco reinstated.

Similar Cases

This is not the first case of a police officer being fired for marijuana consumption and then reinstated months later by judicial order. In April, four New Jersey police officers were fired after testing positive for marijuana, even though they denied consuming it while on duty.

All this comes as 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.

Norhan Mansour was one of three police officers fired over the issue and who pushed for reinstatement by filing petitions before the Civil Service Commission. The Judge ruled that Mansour should be reinstated, her salary resumed, and that Jersey City should provide back pay from the time of her termination.

What’s next: It seems that the city’s policy should be revised as there are many cases indicating it is not adequate under state cannabis law.

Photo: Courtesy of Christina Winter via Unsplash