Federal Firearms Exception Unearthed In Jersey City's Police Cannabis Screening Lawsuit

Jersey City initiated legal action in federal court to establish policies for screening and terminating police officers based on cannabis use.

However, the lawsuit overlooks a federal firearms policy exception, as first reported by Marijuana Moment.

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

Background

New Jersey Attorney General Matt Platkin changed drug testing rules, preventing police from being tested for off-duty cannabis use.

As a result, two officers fired for positive THC tests were reinstated.

About The Lawsuit

Jersey City and its public safety director, James Shea filed a new lawsuit, arguing that federal law should override New Jersey's cannabis law and testing policies. They refer to a federal statute that bars marijuana users from getting firearms.

• The lawsuit argued that Jersey City and its staff were forced to violate federal law, citing concerns about providing ammunition to officers known to use cannabis. It is important to note that a different standard may apply when it comes to firearms issued by government agencies within the framework of federal firearms policy.
• Additionally, the lawsuit stated that police officers who used cannabis were potentially committing serious crimes since they were required to possess firearms and ammunition in the course of their duties. Of note, federal law deemed marijuana use a violation for any New Jersey resident, considering its classification as a Schedule I controlled substance. 

Jersey City Mayor Steven Fulop (D) drew attention to the application of the same federal law in the case of Hunter Biden, highlighting the challenges of verifying the timing of cannabis use in relation to the duty of an officer.

There is no way to confirm whether Cannabis was used an hour, a day, or week before a shift and it will take one questionable judgement call by a police officer that tests positive that will expose the city to massive liability. No city in NJ has been more supportive of Cannabis…

— Steven Fulop (@StevenFulop) October 16, 2023

Read the full story here at Marijuana Moment.

Read Next: Federal Judge Rules Banning Firearms For Cannabis Users Is Unconstitutional

Image: JRByron, WilliamCho by Pixabay