New Jersey Commission Mandates Reinstatement and Backpay for Third Jersey City Officer Fired Over Marijuana Use

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In a continuing saga over marijuana consumption among law enforcement, Jersey City has faced another legal setback in its attempt to punish officers over their off-the-job marijuana use.

On Wednesday, the New Jersey Civil Service Commission mandated the reinstatement of Police Officer Mackenzie Reilly, who was dismissed in August 2023 after a random drug test detected cannabis in his system. Alongside his reinstatement, Reilly is to receive back pay and benefits.

This decision marks the third time the commission has overruled Jersey City’s attempts to terminate officers for off-duty cannabis use. Despite the state attorney general’s clear stance that police officers cannot be disciplined for legally consuming cannabis while off duty, Jersey City has terminated at least five officers on these grounds. The city’s legal team contends that federal laws prohibiting cannabis users from purchasing and possessing firearms and ammunition extend to police officers, thereby justifying the dismissals.

However, the Civil Service Commission’s recent rulings challenge this interpretation. Previously, the commission ordered the city to reinstate Officers Omar Polanco and Norhan Mansour. Failure to comply with these orders could result in a daily fine of $200, a consequence the city now faces as it has yet to rehire the officers.

Administrative Law Judge Matthew Miller, in a recommendation dated July 11 regarding Reilly’s case, echoed sentiments from prior rulings. He emphasized that New Jersey’s cannabis legalization laws are not superseded by federal statutes. Addressing concerns about armed officers using cannabis, Miller stated, “I understand Jersey City’s reticence in allowing marijuana users, especially chronic marijuana users, to possess weapons,” but concluded, “In New Jersey, that ship has sailed.”

Details from Wednesday’s decision shed light on Reilly’s specific circumstances. In January 2023, he consumed cannabis via a vape purchased from a Montclair dispensary. A month later, a drug test revealed the presence of cannabinoids in his urine, leading to his suspension in March. A unique aspect of Reilly’s case revolves around his failure to disclose his cannabis use as medication on a form provided during the drug test. Judge Miller noted that since Reilly’s purchase was recreational—and he only obtained a medical marijuana card weeks after the test—this omission did not constitute misconduct.

During the commission’s deliberations, there was debate about whether Reilly’s nondisclosure amounted to insubordination. Commissioner Daniel W. O’Mullan, highlighting this issue, voted against Reilly’s reinstatement and proposed a three-month suspension instead.

As Jersey City grapples with these rulings, the broader conversation about cannabis legalization and its implications for law enforcement employment continues to evolve.

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