State officials on Wednesday affirmed that a Jersey City police officer who was fired for marijuana possession had been wrongfully terminated and must be reinstated, with backpay. They adopted the earlier findings of an administrative law court.
About two months after Governor. The Jersey City Police Department has announced that officers are not allowed to use marijuana while on duty or even off. Norhan Mansour, one of four officers fired after testing positive for THC, filed a lawsuit to challenge the termination .
Mansour’s lawsuit has been settled by the Civil Service Commission of the State (CSC). The CSC agreed with Administrative Law judge Kimberly Moss, that the city’s firing was illegal because it was not possible to prove that the officer was using cannabis or impaired while on duty.
The Jersey City Times reported that Peter Paris, Mansour’s attorney , said: “What Jersey City does is equivalent to terminating officers for drinking beer while off duty.” It’s worse, because in New Jersey there is a constitutionally protected right to consume cannabis.
The commission found that Jersey City’s claim that federal law overrides the state’s policies was “unpersuasive”, and not supported by facts. The commission also rejected the claim of the department that the federal law prohibiting the purchase of firearms by cannabis consumers did not apply to the police, because officers don’t fill out the federal questionnaire about marijuana consumption to get a gun.
The commission stated that “this decision resolves the merits” of the dispute between parties regarding the disciplinary charges, and the penalty imposed on Mansour by the appointing authorities. It added that the decision will not be finalized until Mansour is “immediately reinstated” and the police department pays back pay.
The order passed at ‘s meeting on Wednesday states: “The Civil Service Commission finds the action taken by the appointing authorities in removing Norhan Mansour was not justified.” The Commission reverses this action and grants Norhan Mansour’s appeal. The Commission also orders that Norhan Mansour be given back pay, benefits and seniority, from the date of separation until the day he is reinstated.
Not only the department fought the change in cannabis policy for officers, but also Mayor Steven Fulop (D), a candidate for governor who supports the rule that prohibits police officers from using cannabis while off duty.
He wrote that “NJ’s policy allowing law enforcement officers to smoke is an anomaly nationally and will put our officers and community at risk due to impaired judgement.”
Smoking by 3/5 of law enforcement officers is an anomaly in the country and puts our officers + the community at risk due to impaired judgement. In contrast to alcohol, where tests + timelines can provide clear protection between consumption and duty, with marijuana that does not exist.
Steven Fulop 20 April 2022 HTML0
The other three Jersey City Police officers, who were also fired for positive marijuana tests but sued the Department in a similar fashion, will likely receive the same favorable result.
The law in New Jersey is clear. New Jersey Attorney General made it clear to officers that they can drink alcohol during off-hours. He issued in April 2022 a memo that clarified policy, and codifying the updated drug testing guidelines earlier this year.
Several lawmakers, including Assembly Speaker Craig Coughlin and Senate President Nick Scutari, have indicated that they will seek to amend the state’s laws regarding law enforcement and marijuana. Others like Senate Presiden Nick Scutari have stated that they want to preserve the off duty carve-out.
The Governor, for his own part, stated that he is “open-minded”, about a possible policy change, to revise rules for police officers using marijuana outside work hours.
The New Jersey Supreme Court ruled in June that police officers had acted improperly when they used the smell cannabis to search a car. This allowed the man to withdraw his guilty plea.
Below, you can read the text that the New Jersey commission ordered to reinstate Mansour:
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Photo by Brian Shamblen.
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