A New Jersey appeals court ruled this month that two Jersey City police officers should be reinstated and allowed to carry firearms after they were previously fired for off-duty cannabis use. NJ.com reports.
State law protects employees from discipline for off-duty cannabis use as 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 later admitted to using state-regulated cannabis products.
The officers were not charged with being drunk on the job, but the state argued that the federal Gun Control Act prevents cannabis users from legally possessing firearms.
The court concluded that firearms issued for police duty would fall under a federal exception to the law. According to the ruling, the officers were awarded back pay, plus the benefits and seniority they lost due to their reassignment.
Michael P. Rubas, the officers’ attorney, said in the report that, “Jersey City is flagrantly violating the law, flagrantly violating the Attorney General’s directives and taking jobs unfavorable to these officers.”
