What to Know
- Jersey City leaders are taking their battle over marijuana to federal court -- filing a lawsuit arguing cops and cannabis should not mix.
- Recreational pot has been legal for almost two years in New Jersey, but Jersey City officials point to a decades-old federal law that prevents anyone who uses a drug, like marijuana, from possessing a gun.
- The lawsuit comes as five officers face termination for their alleged use of marijuana while they were off duty. City leaders say the Civil Service Commission wants them back on the force. The city says it offered the officers new jobs that don't require the use of a gun, but they all declined.
Jersey City leaders are taking their battle over marijuana to federal court -- filing a lawsuit arguing cops and cannabis should not mix.
"We're the only state in the country that has legalized cannabis with no set of carve outs at all," Jersey City Mayor Steven Fulop.
Recreational pot has been legal for almost two years in New Jersey, but Jersey City officials point to a decades-old federal law that prevents anyone who uses a drug, like marijuana, from possessing a gun.
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According to the lawsuit, “it is beyond dispute that law enforcement officers employed by the Jersey City Police Department must possess and receive a firearm and ammunition in order to be police officers.”
Nevertheless, the lawsuit also states that, "such an individual cannot do so without committing a felony under federal law.”
"The fact that the laws from the state of New Jersey directly conflict with the ATF and federal law exposes Jersey City to millions of dollars in potential liability," Fulop said.
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The lawsuit comes as five officers face termination for their alleged use of marijuana while they were off duty. City leaders say the Civil Service Commission wants them back on the force.
"If somebody 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," Jersey City Public Safety Director James Shea said.
"We told our police officers do not use cannabis even if it’s legal because it will threaten your employment as a police officer," said. "Five of our officers chose, even after receiving this notice, they chose to use cannabis - and as a result we can no longer arm them or provide them with ammunition."
The city says it offered the officers new jobs that don't require the use of a gun, 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 ruled unconstitutional by at least five federal courts. We are confident that the Civil Service Commission’s rulings will be upheld.”
According to Joseph Cossolini, president of the Jersey City Police Officer Benevolent Association, the city should have acted sooner.
"If Jersey City believed so strongly in their position, they would’ve filed this lawsuit 18 months ago after the sales of legalized cannabis began," Cossolini said.
NBC New York reached out to the Attorney General's Office for comment as the lawsuit works its way 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 officers to use unregulated marijuana at any time on- or off-duty."
