NEW YORK (1010 WINS/WCBS 880) – Jersey City officials filed a lawsuit over police officers' use of recreational cannabis and their right to carry firearms, Mayor Steven Fulop said during a press conference on Tuesday.
Even though recreational cannabis is now legal in New Jersey under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), federal law still says people who use drugs can't have guns, according to officials.
Jersey City officials, including Fulop and Public Safety Director James Shea, are addressing this contradiction, which led them to file a lawsuit in federal court to seek resolution and provide clarity on this matter.
"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," the lawsuit stated.
It also states that, "such an individual cannot do so without committing a felony under federal law."
"New Jersey is the only state in the country that doesn't have carve-outs for specific professions, Fulop said. "And, when you talk about police officers and the split-second decisions they have to make, life and death are often a part of that. The fact that the laws of the state of New Jersey directly conflict with the ATF and federal law exposes Jersey City to millions of dollars in potential liability. That just doesn't work for us."
Shea also spoke at the conference and emphasized the inability to determine an individual's cannabis use timeline.
"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," he said.
"We told our police officers not to use cannabis even if it's legal because it will threaten your employment as a police officer," he added. "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 offered alternative positions to the officers that do not involve carrying guns, but they all turned it down.
The lawsuit initiated by Jersey City aims to address the legal dilemma and establish a clear framework for police officers to simultaneously adhere to state and federal regulations.
