Judges: Jersey City wrongly forced out police officers over legal marijuana

🗄 Jersey City cops who used legal weed off-duty were offered other civil service jobs
🚫 Previous mayor said federal law bans cannabis users from legally carrying guns
🏛 Appellate court says the officers should never have been fired

JERSEY CITY — Two off-duty police officers who used legal cannabis should never have been fired, a state appellate panel recently ruled on a years-long case in Hudson County.

New Jersey made recreational cannabis legal in 2021, with the signing of the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act.

Part of the law bans employers from taking any adverse action against any employee solely for testing positive for cannabis.

The state’s first legal, recreational sales of cannabis began in April 2022.

Read More: What to know about New Jersey's first cannabis lounges

Jersey City police officers challenged firings over legal marijuana use

While random drug testing for law enforcement has since been changed, that year it was still very spontaneous.

In September 2022, the Jersey City Police Department administered random drug tests, during which five different officers tested positive for cannabis use.

Two of those officers, Norhan Mansour and Omar Polanco, were separately interviewed by Internal Affairs — and said they had only made regulated purchases of legal cannabis, which they had only used while off-duty.

Mansour even kept the receipts for three purchases made in June, July, and August 2022, according to court documents.

The city wound up offering them other civil service positions, instead of their previous jobs as firearm bearing law enforcement — and a court battle followed.

Read More: NJ police seize 80 marijuana vending machines, 4 arrested

Legal clash from previous mayor over NJ cannabis law and federal gun law

In October 2023, Jersey City filed a federal lawsuit, saying that the federal Gun Control Act — or GCA — preempts CREAMMA.

In July 2024, the Civil Service Commission directed the JCPD to reinstate officers Mansour and Polanco.

James Solomon was sworn in as the 50th Mayor of Jersey City on Jan. 15, succeeding outgoing Mayor Steven Fulop.

And on May first, a three-judge state appellate panel backed up the commission’s directives, saying that the JCPD may comply with both the federal and state laws.

“While we are grateful to the Appellate Division for its well-reasoned and thorough opinion, we are not surprised. Off-duty, police officers should be treated like any other law-abiding citizen in the State of New Jersey who is allowed to use regulated cannabis in a responsible and legal manner,” attorney Michael Rubas said in a written statement to New Jersey 101.5 on Thursday.

“We are, however, surprised that the Solomon Administration has continued pursuing the unlawful and retaliatory policies of the Fulop administration,” he added.

Rubas said that two weeks since the appellate ruling, Jersey City on Thursday still denied a request to return the officers’ personal weapons and firearm purchaser identification cards.

Read More: NJ marijuana law conflicts with U.S. gun law: Jersey City lawsuit

Jersey City’s new administration distances from prior policy

But a spokesperson for Mayor Solomon countered the idea that they are following suit with Fulop.

“The actions against these employees were taken under the previous administration. While we are reviewing the decision, we want to note that the previous policy does not represent the views and values of the Solomon Administration,” Jersey City Communications Director Nathaniel Styer said in a response to New Jersey 101.5.

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