New Jersey’s second largest city is challenging a statewide policy that allows police officers to use cannabis while off duty.

In an 18-page complaint filed Oct. 16 in U.S. District Court for the District of New Jersey, Jersey City officials argue that the city cannot employ officers who use legal cannabis because federal law prevents anyone who uses a controlled substance from possessing a firearm.

The lawsuit is asking the court to declare that the federal law preempts New Jersey’s cannabis laws, as well as the policies of state Attorney General Matthew Platkin, who has told law enforcement leaders that employers cannot take adverse action for marijuana use off duty unless there is suspicion an officer went to work impaired.

It also seeks to block the state from forcing Jersey City to reinstate police officers who were terminated in connection with cannabis usage.

Of the five officers Jersey City has fired after positive THC tests, the state Civil Service Commission told the city in August it must rehire two of them as well as provide back pay. While the city reportedly offered them public safety jobs that did not require a firearm, both declined the new positions, according to Jersey City’s public safety director James Shea.

During an Oct. 17 press conference at the city’s public safety headquarters, Shea was joined by Jersey City Mayor Steven Fulop – a 2025 gubernatorial candidate – to announce the federal lawsuit, saying that, despite the city’s “repeated attempts,” the state “continues to avoid addressing the root cause of this very serious issue.”

“The Civil Service Commission and judges have all recognized the conflict, but refuse to provide much-needed guidance as to how local governments can comply with the clashing laws,” they said.

A separate issue

As marijuana becomes legal in states throughout the U.S., the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) continues to reiterate that the federal firearms law still prohibits marijuana use as it remains a Schedule I narcotic by the Drug Enforcement Administration (DEA). Therefore, anyone who uses cannabis is ineligible to possess a firearm or ammunition.

Safety-sensitive carve-outs are being passed with wording and details that vary from state to state; however, New Jersey has none.

Fulop commented, “Legalization in New Jersey is a good thing, and I have been a vocal supporter from the start. However, that stands separate from this issue we are seeking to address, which is the fact that New Jersey’s CREAMMA [Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act] law directly conflicts with federal law, exposing Jersey City to tens of millions of dollars in potential liability, compromising public safety, and jeopardizing police officers’ careers statewide.”

“As soon as marijuana was legalized in New Jersey, we immediately notified all of our police officers that anyone who uses cannabis cannot possess a firearm, and we cannot legally provide them ammunition,” said Shea. “We have spoken to the State and Civil Service at every turn. We pursued all the necessary avenues to get this corrected. There are no facts in dispute on this. It should be as simple as a federal judge clarifying the conflicting laws so that local governments throughout the State know how to comply.”

In a social media post, Fulop wrote that the legal action cites “the same federal law that Hunter Biden was indicted under with regards to firearms,” referring to President Joe Biden’s son, who is currently facing federal charges for allegedly purchasing a firearm while being an active user of cocaine.

The Democratic mayor went on to note that there is no drug test that can determine when someone who has tested positive for cannabis last used the drug, which raises concerns that an officer could have used it before making “split-second decisions between life and death.”

“No city in NJ has been more supportive of cannabis overall but we should have common sense as well,” Fulop added.

The complaint names the state, Platkin, the New Jersey Civil Service Commission and the five Jersey City police officers who were fired after testing positive for marijuana.

The Attorney General’s Office, the Murphy administration and the New Jersey Civil Service Commission declined to comment.

Pat Colligan, president of the New Jersey State Policemen’s Benevolent Association, told Politico he believes the legal challenge is a “waste of taxpayer dollars” and that his union – the state’s largest – may become involved.

In an interview, Colligan said, “Our membership supported [using cannabis] more than I anticipated. I don’t think [Jersey City] will have much success [in the lawsuit]. We’ll see where it goes.”

Editor’s note: This story was updated at 2:44 p.m. ET Oct. 18, 2023, to note that the New Jersey Civil Service Commission also declined to comment on the litigation.