A New Jersey Superior Court has ruled in a decision that police officers’ off-duty consumption of cannabis is not grounds for termination.

Police Consuming Cannabis Cases

The case Patten v. Jersey City Police Department has been an ongoing issue for years, along with those against other officers of the Jersey City Police Department (JCPD). They also won according to the opinion of the judges.

The officer in the case, Montavious Patten, had consumed cannabis for pain management. They were doing so while on disability leave to recover from a work-related injury. There was no evidence indicating that he ever came to work under the influence.

The judges wrote that “we conclude the JCPD may comply with both the GCA (the US Control Act of 1968) and CREAMMA (the NJ adult-use cannabis legalization law, the Cannabis Regulatory Enforcement And Marijuana Modernization Act). Because the GCA does not preempt CREAMMA, we discern no error in the CSC’s decision that Patten’s cannabis use did not render him unable to perform his duties. And the results of his drug test cannot sustain a neglect of duty claim.”

Former Jersey City Mayor Steve had been fighting cops consuming weed for years. At the same time, he is also allowing multiple dispensaries very close to each other to compete.

Defending the Right to Consumer Cannabis as a Cop

New Jersey’s adult-use marijuana legalization law explicitly precludes employers from taking any adverse actions against workers “simply for testing positive for cannabinoid metabolites, or for using cannabis. So long as it is not used during the workday and the employee is not intoxicated or impaired at work.”

Lawyers for the Jersey City Police Department sought to uphold an officer’s firing. They argued that “it is illegal under federal law for cannabis users to possess, carry, or use firearms.”

The Court’s three-judge panel rejected that argument. They found that the 1968 federal ban only applies to gun ownership by private citizens, not government employees.

“Accordingly, when firearms or ammunition are ‘issued for the use of’ a police department, such as the JCPD [Jersey City Police Department], the restrictions imposed under 18 U.S.C. § 922 are eliminated,” the Court determined.

Several other states, like Connecticut, Minnesota, Montana, New York, and Rhode Island, have enacted similar protections according to the cannabis advocacy group NORML.

Cannabis and Gun Rights

That those with licenses for guns cannot consume cannabis is another significant issue complicating the case.

For decades, federal officials have argued the 1968 law bars citizens with a history of cannabis consumption from legally possessing or purchasing firearms. However, in recent years, several appellate courts have rejected this strict interpretation of the law.

In March, the Supreme Court heard oral arguments in a case (US v. Hemani) challenging the federal gun ban. NORML was among several advocacy organizations, including the National Rifle Association, that filed amicus briefs in the case asking the Court to strike down the law.

In its brief, NORML argued, “Neither the Founders, Framers, nor elected leaders of the United States, all of whom had intimate knowledge of the role of cannabis cultivation and consumption in the colonies and new nation, took any legislative action to disarm cannabis consumers of the right to bear arms.” SCOTUS has yet to issue its ruling in the matter.

The findings of a study were published last month in the journal Drug and Alcohol Dependence Reports. It was determined that subjects who consume cannabis the night before exhibit no cognitive impairments the following day. This is despite the fact that they continue to test positive for either THC or cannabis metabolites.

Cops often have stressful jobs. So, they would greatly benefit from quality cannabis that helps with stress and anxiety.