Most Off-Duty Cops Can Smoke Weed In NJ, But Maybe Not For Long

NEW JERSEY — With a legal, recreational weed market established, one group might not be able to enjoy it for long in New Jersey: police. Discussions have grown for legislation that would ban off-duty cops from the drug, and a few cities have already done so for their police departments.

Select New Jersey dispensaries became allowed to sell recreational weed Thursday. Days before, Acting Attorney General Matt Platkin sent a memo to law enforcement agencies that, under state laws, police can consume cannabis too, as long as they're sober on the job.

But that won't include officers in Bayonne, Kearny, Weehawken or Jersey City. Ocean County officials also stated they oppose letting off-duty officers consume cannabis, and the Ocean County Sheriff's Office will continue adhering to federal laws, which classify weed as an illegal Schedule 1 drug. Read more: Cannabis Ban For Law Enforcement Urged By Ocean County Officials

Following Platkin's memo, Jersey City issued its own directive to its nearly 1,000 police officers that consuming weed will result in termination.

"NJ’s policies allowing law enforcement to smoke is an outlier nationally and one that will put our officers + community at risk with impaired judgement," Mayor Steven Fulop tweeted. "Unlike alcohol where there are tests + timelines that can create clear protection between consumption + duty, w/marijuana that doesn’t exist."

Alcohol also differs from cannabis in terms of how long it takes to exit the body. Tests can measure alcohol in the blood for up to six hours and through urine and breath samples for up to a day, according to American Addition Centers. But tests can detect traces of cannabis in the body for longer — sometimes up to a month after consumption.

John P. Kelly, director of the Ocean County Board of Commissioners, criticized the AG's directive for that reason.

"Marijuana when consumed stays in your system for 30 days," Kelly said, "and there are no field tests to determine the level of marijuana intoxication."

Several members of New Jersey Legislature have discussed bringing forth bills to ban cops from off-duty cannabis use. But it remains unknown how much support such measures would get in the State Assembly or Senate. Gov. Phil Murphy would be "open-minded to a legislative fix that would address this," he said last week.

In the meantime, New Jersey's largest police union told its members to hold off on consuming recreational weed for now, according to Politico. Pat Colligan, president of the New Jersey State Police Benevolent Association, advised officers of ways cannabis use could cause hurdles in the job, Politico reported.

"If I was an active-duty officer that’s going to be in a patrol car the next day or in a prison cell-block in a day or two, I would ask you to please wait," Colligan said. "We’re not really taking a hard yes or no position. We’re just saying we don’t want anyone to be the test case. This is really murky ground."