The New Jersey Fraternal Order of Police has reacted to a lawsuit filed by officials in Jersey City that seeks an end to a policy of the state that allows officers to use marijuana when they are not on duty. They have called this legal challenge “an unfortunate misuse of taxpayer dollars.”
Jersey City, and its director of public safety, James Shea , sued the state on Monday in federal court . They argued that the policy released by the office of the attorney general in February is preempted under federal law.
In a press statement, the fraternal group said that the lawsuit could undermine what is otherwise a clear directive from state officials.
It states that “the law of the State of New Jersey, and the guidance provided by the Office of the Attorney General, clearly provide that police officers can use cannabis when off duty but cannot be under the influence of marijuana while performing their duties.” The members of the New Jersey State Lodge of the Fraternal Order of Police will continue to abide by the laws. Jersey City’s effort to confuse these clear directives by filing frivolous lawsuits is an unfortunate use of taxpayer dollars.
Jersey City’s suit cites federal law that prohibits marijuana users from acquiring firearms and ammunition. The lawsuit argues that city officials will be forced to break federal law if the state policy is implemented, because they must provide ammunition to officers they know to be cannabis users.
The lawsuit also claims that police who use marijuana are themselves guilty of felonies, because “they must possess and receive ammunition and a firearm in order to become a police officer [ sic].
However, a simple reading of the federal policy on firearms suggests that a different standard is applied when firearms distributed by government agencies.
This is the federal policy on marijuana and firearms:
It is illegal to sell or dispose of firearms or ammunition to anyone who has reasonable grounds to believe or know that the person is an unlawful user or addict of controlled substances …”
It is illegal for anyone who is addicted or an unlawful user of controlled substances to ship, transport, or own firearms or ammunition in commerce or interstate commerce.
Here’s an example of the exception applicable to local law enforcers:
The provisions of this chapter shall not apply to the transport, shipment, receipt or possession of firearms or ammunition that are imported, sold, shipped or issued to or for the use by the United States, any agency or department thereof, or any state or department or political subdivision thereof.
Jersey City Police Department terminated several officers for positive THC metabolite test results and refused to accept the state policy that allows cannabis use off duty. Two administrative law judges have, most recently, in August, ruled against Jersey City and has ordered the reinstatement, with backpay, of two police officers who were fired.
Jersey City officials stressed at a Tuesday press conference that there is no reliable test to determine if an officer’s performance is affected by cannabis. Officials said that allowing law enforcement officers to smoke marijuana puts the public at risk, and could expose the city to legal liability.
Jersey City Mayor Steven Fulop, who is running for Governor, stated on social media there was “no way” to confirm if cannabis had been used “an hour, a week, or a day before a work shift.”
He said that the city’s suit cites, “the same federal laws that Hunter Biden has been indicted for with regard to firearms,” referring President Joe Biden’s son who is currently facing federal charges in relation to his alleged possession of a gun and consumption of cocaine.
In recent years, federal courts have addressed the issue of marijuana and gun ownership. However, they’ve reached different conclusions.
Earlier this week, a federal appellate court panel of the U.S. Court of Appeals of the Eleventh Circuit heard oral arguments in a case involving gun ownership by medical cannabis patients. Plaintiffs in that case are appealing the ruling of a lower court judge that upheld federal prohibition.
, however, ruled that in August, the federal prohibition on firearms for cannabis users was unconstitutional. The U.S. Supreme Court could take up this issue if there is a disagreement between the two courts.
The Department of Justice informed the Eleventh Circuit it felt the Fifth Circuit ruling had been “incorrectly determined,”, and asserted at oral argument that “there were some reasons to doubt the foundations” of this decision.
Some district courts ruled in favor of the federal prohibition.
The U.S. District Court for the Western District of Oklahoma decided in February that the prohibition prohibiting marijuana users from owning firearms was unconstitutional. The judge stated that the federal government’s justification for maintaining the law is “concerning.”
In U.S. District Court for the Western District of Texas, a judge ruled in April that banning people who use marijuana from possessing firearms is unconstitutional–and it said that the same legal principle also applies to the sale and transfer of guns, too.
The Bureau of Alcohol, Tobacco, Firearms and Explosives sent a letter shortly before the Eleventh Circuit’s hearing to Arkansas officials, stating that the recently passed law allowing medical cannabis patients obtain concealed carry firearm licenses, “creates a risk unacceptable” and could compromise the state’s federally approved alternative gun licensing policy.
issued a warning after Minnesota’s Governor signed a bill legalizing cannabis into law in may. The agency reminded that those who use marijuana are prohibited from owning or purchasing guns and ammunition until the federal prohibition is lifted.
ATF will issue an advisory in 2020 that specifically targets Michigan and requires gun sellers conduct federal background checks for all unlicensed buyers. It said Michigan’s cannabis laws allowed “habitual marijuana consumers” and other disqualified persons to obtain firearms without a license.
Attorneys for Hunter Biden, who has been indicted over a charge that he bought a gun during a period when it was revealed that he used crack cocaine, have cited a court ruling stating that the federal ban is unconstitutional, arguing that this applies to the case of their client.
Two Republican members of Congress have introduced two bills in this session, focusing on marijuana and gun policy.
Rep. Brian Mast, co-chairman of the Congressional Cannabis Caucus and a member of the House of Representatives, introduced legislation in May that would protect the Second Amendment right of marijuana users in states where the drug is legal. This would allow them to buy and possess firearms, which they are currently prohibited to have under federal law.
Senate Majority leader Chuck Schumer (DNY) has promised to attach that legislation to the bipartisan marijuana banking bill, which advanced out of its committee last month.
Mast is also sponsoring a separate Bill from Rep. Alex Mooney (R-WV), in this session, which would allow medical marijuana patients to buy and possess firearms.
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The post Police Group: Jersey City’s Lawsuit over Off-Duty Marijuana Usage by Officers is a ‘Waste of Taxpayer Dollars first appeared on Marijuana Minute.
