Jersey City Police Remain Off Duty After Court Backs Cannabis Use Rights
Two Jersey City police officers remain off duty despite a court ruling in their favor after being fired for off-duty cannabis use, highlighting ongoing legal and policy conflicts over marijuana in New Jersey
Key Points
- 1A state appellate court ruled in favor of two Jersey City police officers fired for off-duty cannabis use
- 2The city has not reinstated the officers despite multiple legal orders and continues to withhold their firearms and back pay
- 3Mayor James Solomon's administration is reviewing past policies but has not yet changed the city's stance
- 4The officers still need police licenses reissued by the state Police Training Commission before full reinstatement
Despite a recent appellate court victory, two Jersey City police officers fired for off-duty cannabis use have yet to be reinstated, raising new questions about New Jersey's approach to marijuana legalization and law enforcement. The officers, Norhan Mansour and Omar Polanco, were dismissed in 2022 after testing positive for cannabis purchased legally, but both administrative law judges and the state Civil Service Commission ordered their return to duty. However, the city has resisted, keeping them on modified assignments and withholding their firearm credentials
The legal dispute highlights ongoing tensions between state and federal cannabis laws. Jersey City's previous mayor, Steve Fulop, maintained that federal law prohibits armed officers from consuming cannabis, regardless of state legalization, a stance that led to the officers' terminations. The current administration under Mayor James Solomon has indicated a possible shift, with spokesperson Nathaniel Styer stating, “We are reviewing those policies as they are not in line with our views and values.”
Michael Rubas, the officers' attorney, expressed deep frustration with the city's handling of the case. “I’m very disturbed by the way the Solomon administration has been handling things. We thought they were going to come in and do the right thing, and they’re not. They’re doubling down, and they’re lying about it, which is even worse,” Rubas said. He also noted that the officers are owed significant back pay and have not had their firearm ID cards or weapons returned
The officers must also have their police licenses reissued by the state Police Training Commission before they can resume regular duties, according to Rubas. Although the appellate court ruling on May 1 favored Mansour and Polanco, a separate decision upheld the firing of a third officer who bought cannabis from an unlicensed source, underscoring the legal nuances in these cases. City officials and the state Attorney General’s Office have declined to comment on the status of the officers’ reinstatement or their firearms
From the OG Lab newsroom perspective, this ongoing battle underscores the complexities facing law enforcement agencies as more states legalize cannabis. The situation in Jersey City could set a precedent for how municipalities reconcile federal firearm regulations with state-level cannabis reforms. As cities across the U.S. navigate similar legal gray areas, the outcome here will be closely watched by the cannabis industry, public safety advocates, and policymakers alike
