New Jersey Court: Police Can't Be Fired for Off-Duty Marijuana Use

A New Jersey appellate court has ruled that police officers cannot be fired solely for using marijuana while off duty, rejecting Jersey City’s argument that federal firearms law bars officers who consume cannabis from carrying department-issued weapons. The Superior Court of New Jersey, Appellate Division, issued the decision in Patten v. Jersey City Police Department, siding against the city’s effort to uphold the termination of an officer who used marijuana for pain management while on disability leave following a work-related injury. Jersey City officials argued that because marijuana remains illegal federally, officers who use it are barred under federal law from possessing, carrying or using firearms. But the three-judge panel rejected that interpretation, finding that the federal restriction cited by the city does not apply in the same way to firearms issued for police department use. The court found that when firearms or ammunition are issued for use by a police department, such as the Jersey City Police Department, the restrictions under the federal statute cited by the city are eliminated. The ruling comes as courts continue to weigh how federal marijuana prohibition interacts with state-level legalization laws, particularly when it comes to firearms, employment and public safety jobs. New Jersey legalized adult-use marijuana in 2021, with the first licensed recreational marijuana stores opening in April 2022. The state’s legalization law includes workplace protections that prohibit employers from taking adverse action against employees solely because they test positive for cannabinoid metabolites or use marijuana outside of work, as long as they are not impaired on the job. In this case, there was no evidence that the officer used marijuana while working or reported to duty impaired. Thank you for reading The Marijuana Herald! You can find more news stories by clicking here. Discover moreDispensary application guideGrow license applicationDispensary portal access