Pot Ban For Off-Duty NJ Cops Still Possible

NEW JERSEY - While the state’s top law enforcement official emphasized last week that off-duty New Jersey cops can partake in recreational cannabis use, the governor says he is open to legislative efforts to bar police officers from sparking up in their free time.

Last week, in a memo to police chiefs and local officials, acting Attorney General Matthew Platkin noted that New Jersey police departments "may not take any adverse action against any officers because they do or do not use cannabis off duty."

Police departments also can't fire or refuse to onboard employees simply due to the presence of cannabinoid metabolites in an officer's body fluids, Platkin added.

But during an unrelated press conference this week, Murphy stressed that aggressive action will be taken with any law enforcement officer found intoxicated on the job.

“This will be strictly enforced at both the state police and every local law enforcement - county, local or otherwise: there is no allowing anybody to show up impaired. Whether you’re drinking, you’ve smoked weed, whatever the reason. Anybody who shows up impaired will be dealt with aggressively. It has been the case and it will always continue to be the case.”

“Would I be open-minded to a legislative fix that would address this? The answer is yes,” Murphy said.

Platkin added that the memo was not a directive, but a reminder that adverse actions against employees - law enforcement or otherwise - who use cannabis will not be tolerated. He also noted that law enforcement drug testing policy is being updated to reflect the current law.

“No one can show up to work intoxicated, you can’t possess or use cannabis or unregulated marijuana at the workplace, and you can’t use unregulated marijuana at all,” he said. “Public safety continues to be the top concern.”

In the memo, Platkin added that law enforcement officers are still barred from possessing or consuming marijuana while at work or performing any work while under the influence.

"There should be zero tolerance for cannabis use, possession or intoxication while performing the duties of a law enforcement officer," Platkin said. "And there should be zero tolerance for unregulated marijuana consumption by officers at any time, on or off duty, while employed in this state. The safety of our communities and our officers demands no less."

The sale of recreational marijuana in the state begins Thursday at several locations for those 21 and older without a medical pot card. The kickoff comes more than a year after New Jersey voters approved a ballot question in November 2020 to legalize regulated marijuana sales in the state.

13 dispensaries so far have been approved to sell adult-use cannabis products, with locations in the following municipalities:

• Bellmawr
• Bloomfield
• Edgewater Park
• Paterson
• Phillipsburg
• Maplewood
• Rochelle Park
• Elizabeth
• Lawrence
• Williamstown
• Egg Harbor

But the policy regarding law enforcement is still worrisome to several lawmakers, including state Assemblywoman Beth Sawyer (R-Gloucester).

“Anyone who wants to work in public safety must be held to higher standards,” Sawyer said in a statement. “Our men and women in law enforcement have the responsibility to make life-altering decisions on a daily basis, for themselves, their partners, for the public. I want to trust that they are at their best when doing so.”

Sen. Paul Sarlo (D-Bergen) has also expressed concern regarding the policy:

“As Mayor & Pro Law Enforcement Senator I respectfully disagree w/ directives to allow off-duty police officers to smoke weed," Sarlo said in a Twitter statement. "With cannabis remaining in one’s system for 30 days; police will subject themselves to never ending lawsuits & questioning of their (judgments) ... I am hopeful we can modify the law to match all the other states that have zero tolerance for use of off duty cannabis by police.”