New Jersey AG says cops can legally smoke weed

A memo issued Wednesday by Acting Attorney General Matthew Platkin advises New Jersey law enforcement that cannabis legalization laws passed last year allow adults, including police officers, to purchase and use cannabis.

In his memo, Platkin wrote that state law enforcement “may not take adverse action against officers because of their off-duty use of cannabis or not.” The acting attorney general added that law enforcement officers’ right to use marijuana is consistent with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, passed by the state legislature last year. He also pointed out that police officers must not use cannabis while on the job or be under the influence of cannabis while on the job.

“To be clear, there should be zero tolerance for cannabis use, possession or intoxication while performing the duties of a law enforcement officer,” Platkin wrote in the memo obtained by the Asbury Park Press. “And there should be zero tolerance for unregulated marijuana use by public officials, whether on or off duty, while employed in this state. The safety of our communities and our officers demands no less.”

Brian Vicente, founding partner at cannabis law firm Vicente Sederberg, said Platkin’s memo was consistent with the legal standard of equal protection for all.

“Law enforcement officers should have the same rights and legal protections as other New Jersey adults,” Sederberg wrote in an email to the High Times. “Those who choose to use cannabis responsibly off-duty should be treated the same as those who choose to use alcohol off-duty.”

The New Jersey Cannabis Legalization Act includes provisions that allow employers to maintain a drug-free workplace for their employees. The legislation also sets out procedures employers must follow if an employee is suspected of using cannabis at work or being under the influence of cannabis at work. Platkin reminded law enforcement officials that under the law, police have the same rights as others.

“Should there be reasonable suspicion that an officer is using cannabis while performing his or her duties, or if observable signs of intoxication related to cannabis use are observed (including following an occupational accident under investigation by the agency), the officer must may undergo a drug test,” he wrote.

However, drug testing must also include a physical exam to confirm intoxication, as THC metabolites can be detected weeks after cannabis use, making a positive drug test an unreliable indicator of impairment.

Critics fear cops will get high while on patrol

But critics have already spoken out against the idea of ​​police officers consuming weed, even outside of work. State Rep. Beth Sawyer said she is concerned the policy will result in police officers working while impaired by cannabis.

“Anyone who wants to work in public safety needs to be held to higher standards,” Sawyer told the New Jersey Monitor. “Our men and women in law enforcement have a responsibility to make life-changing decisions for themselves, their partners and the public on a daily basis. I want to trust them to do their best.”

Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act into law in February 2021. The legislation legalized adult possession of up to six ounces of cannabis, although the legal sale of adult cannabis has been delayed more than once while regulators set the rules for the legal production and sale of recreational cannabis.

On Thursday, Murphy announced on social media that recreational cannabis sales will begin next week at some existing medicinal cannabis dispensaries, just a day after the infamous 4/20 Marijuana Holiday.

“This is a historic step in our work to create a new cannabis industry,” Murphy wrote on Twitter.

The New Jersey Cannabis Regulatory Commission said it will release a list of medical dispensaries that will begin selling adult-use cannabis on April 21, once retailers share their plans with the agency.

“This is an exciting time for New Jersey,” said Executive Director Jeff Brown. “We have deliberately and consciously done everything to put the market on a good footing.”