Sales of recreational cannabis are scheduled to begin Thursday.
Context: Acting Attorney General Matt Platkin in a memo to law enforcement agencies last week said New Jersey’s 2021 recreational cannabis legalization law prohibits employers from punishing employees who use cannabis, as long as they’re not under the influence on the job. That, Platkin said, includes police officers.
The memo drew criticism from several lawmakers and calls to amend New Jersey’s cannabis law to prohibit police officers from using it. The main issue the lawmakers raised was legal liability. Since there’s no state standard physical test for judging whether someone is under the influence of cannabis, and since evidence of cannabis use can stay in a user’s bloodstream for weeks after its effects have worn off, critics saw unclear legal standards and potential government exposure to lawsuits.
State Sen. Paul Sarlo (D-Bergen) said Friday he would introduce legislation to bar off-duty police from using cannabis, and Gov. Phil Murphy said Monday he would be open to such legislation. But Senate President Nicholas Scutari (D-Union), who spearheaded the recreational cannabis legalization effort in the Legislature, shot down the idea during a talk at Rowan University Monday night.
“You open up this box where you start regulating people’s behavior when they’re on their own time — I think that’s a very dangerous, slippery slope, that I’m not willing to go down,” Scutari said.
More from Fulop: Fulop said New Jersey’s law conflicts with federal rules for law enforcement, noting “the fact is that all of the officers/recruits attest to the federal govt via DOJ + ATF paperwork when they receive their firearms that they will not use any federal prohibited drugs including marijuana.”
“It would be irresponsible to allow officers to work w/impaired judgment + it will only take one blood test after a car crash or discharged weapon where an officer tests positive for trust to erode,” Fulop tweeted. “Our position will be clear to our officers and we will pursue termination.”
History: This isn’t the first time the Fulop administration has clashed with the state on cannabis policy. In 2018, he and municipal prosecutor Jake Hudnut announced a policy to decriminalize low-level cannabis offenses, drawing a rebuke from then-Attorney General Gurbir Grewal, who said the policy was void because the city did not have the authority to supersede state law.
What’s next: The attorney general’s office did not respond to an email and phone call seeking comment.
Fulop indicated that he’s prepared to take the fight to court.
“I feel strongly we are right on this issue + we will litigate all day as well via federal court system,” he tweeted.