Should police be allowed to smoke weed after work?

New Jersey Governor Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act into law in November 2020. This law makes the sale of recreational cannabis legal for citizens over the age of 21 in New Jersey, and it will begin in some locations this April.

As those legal sales begin next week, Matt Plakin, the current attorney general, has issued a memo to that effect. The memo reminded law enforcement officials and executives that laws allow police officers to use cannabis off-duty. The memo clearly stated that police officers could legally purchase and use cannabis off-duty. However, possession and use on duty may result in cessation of violence or other necessary disciplinary action.

In the memo, Platkin made it clear that the law has zero tolerance for the possession, intoxication, or use of cannabis by police officers on duty. The memo, which was served to senior officers at all law enforcement agencies, also said that unregulated use of cannabis by officials will not be tolerated.

The memo clarified that unregulated use by law enforcement officers, both off and on duty, is prohibited. The restriction to ensure the safety of both our officers and all communities. It’s important to note that the memo does not imply a change in law or policy. It merely informs law enforcement of the provisions of the law that Governor Phil Murphy signed into law.

The law allows New Jersey’s legal marijuana market to ban any employer within the state who refuses to hire or face disciplinary action because an employee uses cannabis. However, the law allows employers to ban the consumption of alcohol and drugs on their business premises. Workers can also be fired or sanctioned for being high during work hours

This memo was delivered two days after the Cannabis Regulatory Commission decided to allow 13 medical marijuana dispensaries to begin recreational cannabis sales. However, pharmacies must apply for and fulfill their retail licenses. The Cannabis Commission began issuing licenses on April 21, 2022, according to a release from Murphy’s office.

The recoil

The memo issued by Platkin was repeatedly dismissed by lawmakers and law enforcement senators. On Thursday, Rep. Beth Sawyer said she was concerned the law could result in officers being adversely affected while on duty.

According to Beth, everyone who works and serves in public safety must meet higher standards. She reiterated that women and men in law enforcement are constantly faced with the daily obligation to make life-changing decisions. To ensure they do so, there should be no luxury of interference in decision-making.

Other lawmakers who expressed concern believe it’s difficult to track officials getting high off-duty because cannabis has been around for a long time in the system. Therefore, it is difficult to tell whether an official is under the influence or not.

According to Senator Paul Sarlo, D-Bergen, a mayor and Pro Law Enforcement Senator, he does not support police officers using cannabis off-duty. He believes that cannabis stays in the body system for at least 30 days, and cops only endure endless questioning of their judgments and lawsuits.

In light of the backlash, Gov. Phil Murphy has relied on Platkin’s memo in an attempt to calm the situation. Murphy said he was “open” to discussions about a police ban on cannabis use off-duty. Murphy asserted that if the reasons were serious enough to bar law enforcement officials from using marijuana, he would certainly consider it.

As the drama unfolds, Bayonne Mayor Jimmy Davis and Jersey City Mayor Steven Fulop have also taken a strong stance against police cannabis use. They announced that any official caught using during off-duty hours in their respective county seats would be fired.

A dividing line

A dividing line appears to be forming in the law enforcement community as officials take sides when it comes to cannabis use. The president of New Jersey’s largest police union, Pat Colligan, has pledged his support for Platkins by allowing officers to use cannabis.

According to Pat, it’s quite interesting that Bayonne Mayor Jimmy Davis and Jersey City Mayor Steven Fulop admit they will not obey the law. Pat believes officers shouldn’t pick the law they want or don’t want to follow. No civil servant, especially a mayor, should work like this, he explained.

Pat went on to say he spoke to Jersey City Police Union leader Joe Cossolini about the union going to court if every officer was fired in grief. However, Pat has asked all agencies to stand by it until proper clarity and interpretation of the law is established. This is to ensure that no officer is left out when the new drug tests arrive and a new policy is introduced.

Pat also confessed that he was already working to ensure the state would allow officials to use cannabis for medicinal purposes before the pandemic hit. He claimed there were many civil servants with long-term disabilities and the terminally ill who could take advantage of the healing benefits of cannabis. However, the pandemic put further talks and meetings on hold.

Pat reiterated that when laws are made, an officer must obey those laws. It’s hard to ignore what more than 65% of New Jersey citizens want. He believes the general attitude is in favor of the initiative rather than against it, but no position has yet been taken.

Conclusion

Looking at the bigger picture, other states have different approaches when it comes to legislation and consumption of cannabis. For example, Colorado gives its agencies the power to make their own rules. This is also true in Arizona, as most government agencies have banned officials from using cannabis for federal reasons.

Cannabis is still illegal at the federal level (even for medical purposes). Since it is a federal law that prevents individuals from using drugs that are illegal from owning firearms granted by a government agency.

Eventually, in the end, New Jersey will find a policy that addresses everyone’s concerns, as other states have done.

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