What you should know
Jersey City leaders are taking their battle over marijuana to federal court, filing a lawsuit arguing that police and cannabis should not mix. Recreational marijuana has been legal for nearly two years in New Jersey, but Jersey officials City point to a decades-old federal law that prevents anyone who uses a drug, such as marijuana, from owning a gun. The lawsuit comes as five officers face dismissal for their alleged use of marijuana while off duty. City leaders say the Civil Service Commission wants them back on the force. The city says it offered officers new jobs that don’t require the use of a weapon, but they all declined.
NEW JERSEY — Jersey City leaders are taking their marijuana battle to federal court, filing a lawsuit arguing that police and cannabis should not mix.
“We are the only state in the country that has legalized cannabis without any exceptions,” said Jersey City Mayor Steven Fulop.
Recreational marijuana has been legal for nearly two years in New Jersey, but Jersey City officials point to a decades-old federal law that prevents anyone who uses a drug, such as marijuana, from owning a gun.
According to the lawsuit, “it is undisputed that peace officers employed by the Jersey City Police Department must possess and be issued a firearm and ammunition in order to be police officers.”
However, the lawsuit also states that “such person cannot do so without committing a felony under federal law.”
“The fact that the laws of the state of New Jersey directly conflict with the ATF [Agencia de Alcohol, Tabaco, Armas de Fuego y Explosivos] and federal law exposes Jersey City to millions of dollars in potential liability,” Fulop said.
The lawsuit comes as five officers face dismissal for their alleged use of marijuana while off duty. City leaders say the Civil Service Commission wants them back on the force.
“If someone is involved in a shooting right now, there is no test that can tell me if someone used marijuana three weeks ago or five minutes ago; all it will tell me is if it was in their system,” said Public Safety Director of Jersey City, James Shea.
“We told our police officers not to use cannabis, even if it’s legal, because it will threaten your employment as a police officer,” Shea said. “Five of our officers chose, even after receiving this notice, to use cannabis and, as a result, we are no longer able to arm them or provide them with ammunition.”
The city says it offered officers new jobs that don’t require the use of a weapon, but they all declined.
In a statement, Michael Rubas, the attorney representing the officers, said in part: “Jersey City seeks to enforce a federal statute that has been declared unconstitutional by at least five federal courts. We are confident that the Service Commission’s decisions Civil will be confirmed.”
According to Joseph Cossolini, president of the Jersey City Police Officers Benevolent Association, the city should have acted sooner.
“If Jersey City believed so strongly in their position, they would have filed this lawsuit 18 months ago, after sales of legalized cannabis began,” Cossolini said.
Our sister network NBC New York reached out to the Attorney General’s Office for comment as the lawsuit moves through the legal system, but has not received a response at the time of publication. However, in the past the Attorney General’s Office has said that “there should be zero tolerance for any officer using unregulated marijuana at any time on or off duty.”
2023-10-17 22:14:58
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