An appellate court in New Jersey ruled this month that two Jersey City police officers should be reinstated and allowed to carry firearms after they were previously terminated for off-duty cannabis consumption, NJ.com reports.
State law protects employees from discipline for off-duty cannabis use so long as there is no evidence of on-duty impairment. But the officers, Omar Polanco and Norhan Mansour, were both removed from active duty in March 2023 after testing positive for cannabis during random drug tests, and then later admitting to having used state-regulated cannabis products.
The officers were not accused of being intoxicated on the job, but the state argued that the federal Gun Control Act prevents cannabis consumers from legally possessing firearms.
The court concluded that firearms issued for police duties would fall under a federal exemption to the law. Under the ruling, the officers were awarded back pay, plus the benefits and seniority they missed out on due to their reassignment.
Michael P. Rubas, attorney for the officers, said in the report that, “Jersey City is blatantly violating the law, blatantly violating the Attorney General directives and taking adverse employment against these officers.”
