Four New Jersey officers who were fired after testing positive for marijuana are now preparing to file a lawsuit against Jersey City. They had been protected by the state’s cannabis-legalization law, and the guidance of the state attorney general.
Jersey City police officers admitted that they had used cannabis purchased from licensed dispensaries while on the job. This activity is protected by law, since the state constitution prohibits employers from taking any adverse action against employees for engaging in marijuana activities that are now legal.
Officials in Jersey City, however, claim that their firearm policy places them in an unique position to penalize officers who must buy their own firearms, which means that each officer is individually subject to federal laws that prohibit people who use marijuana from buying firearms.
Peter Paris, an attorney representing the officers who have not been named, , told The Jersey City Times the arguments of the city ignore the fact that federal law considers the entire state’s legal cannabis market illegal. State legislators and officials had already considered the employment implications.
Specifically, New Jersey Attorney-General Matthew Platkin issued a memorandum last year clarifying state law prohibits the law enforcement agencies from punishing police who use marijuana as per state law when they are not on duty.
In updated guidance published in February, the attorney general’s said that officers can’t be punished if they test positive for marijuana as long as there is “reasonable doubt” that they consumed “unregulated products” or used them “during their work hours.”
The four officers claim that they bought marijuana from licensed retailers and consumed it while on duty.
The federal law which prohibits the use of firearms by users of illegal drugs and cannabis also includes an exemption for police officers.
The prohibition does not apply to firearms or ammunition that are imported, shipped, sold, or used by the United States, any agency or department thereof, or to any state or department, agency or political subdivision thereof.
Jersey City might argue that the federal exception does not apply because of their unique departmental policy that requires officers to buy their own firearms. But this dispute will need to be resolved in court.
Some lawmakers have called for amending state law in order to create an exemption for positions that are safety-sensitive, such as law enforcement. However, top legislators such as Senate President Nick Scutari have rejected the proposal.
Jersey City Mayor Steven Fulop is one of those who have argued that the police should not be allowed to use cannabis, regardless of context. He applauded Jersey City Police Department last year for adopting a directive that stated that officers cannot consume marijuana.
Fulop, a city official, said that it was impossible to determine whether the employees had used cannabis on the job or an hour, day, or even week before they were scheduled to report for duty. The city also offered each employee a desk-based job without a firearm, but the refusals continued.
It is difficult to determine whether the cannabis was consumed on duty, an hour or a week prior. We offered them each a job at a desk without their gun, but they declined. https://t.co/xZVNyo1YrU
Steven Fulop April 22, 2019 HTML0
He said: “Our concern is that if you’re allowed to carry a deadly weapon and are required to make split-second decisions about the use of force/judgment, we cannot have residents put at risk or doubt decisions because of impaired judgment.”
I’ve been a big advocate for legalization, and our actions in #JerseyCity speak to that. I am interested in hearing other people’s opinions on this. I know that some will agree with me and others won’t, but my job is to make decisions that are in your best interest.
Steven Fulop April 22, 2019 HTML0
Newark, for example, has implemented similar policies that allow police to be punished for cannabis use. However the Jersey City cases are some of the first instances where officers were formally punished after testing positive for THC.
Paris, the Jersey City officer’s attorney, stated that he knows of only one other city in which an officer was fired for marijuana possession since legalization. He has separately represented officers that were cleared of any wrongdoing despite testing positive for marijuana, provided they bought cannabis from licensed shops.
He stated that although the officers in Jersey City would be entitled back pay if their reinstatement petitions were successful, “emotional stress is not compensable,” and likely requiring further legal action.
is actively challenging the federal law that prohibits all cannabis users from purchasing firearms in various federal courts, and at least two Trump appointed judges have declared the ban unconstitutional.
A GOP congressman last week filed a bill to protect Second Amendment rights for people who use marijuana legally in states. This would allow them to buy and possess firearms, which they are currently prohibited to have under federal law.
New Jersey’s Senate President has also indicated his interest in revising New Jersey’s legalization laws in other ways. This could include allowing limited home cultivation.
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North Carolina House speaker says Senate-approved medical marijuana bill has a ‘better chance of passing’ than ever before
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