New Jersey court rules in favor of cops terminated for off-duty cannabis use

NJ.com reported that an appellate court in New Jersey decided this month to reinstate two Jersey City Police officers and allow them to carry guns after being terminated previously for cannabis consumption while off duty.

Employees are protected by state law from discipline if cannabis is used off-duty, provided there’s no proof of impairment on the job. Omar Polanco, Norhan Mansour and other officers have been removed from their active duties in March 2023, after both tested positive during random drugs tests for cannabis and admitted later to using cannabis-based products that are regulated by the state.

They were not charged with being drunk on duty, but they argued the Gun Control Act prohibits marijuana consumers from possessing guns legally.

According to the court, firearms used for police work would be exempt from federal law. The officers received back pay and the seniority, benefits, and pensions they lost due to the reassignment.

Michael P. Rubas said that the attorneys for the officers stated in the report, “Jersey City violates the law blatantly, is violating Attorney General Directives and has taken adverse employment actions against these officers.”