NJ legal weed OK for off-duty police officers, per law

TRENTON – New Jersey cops shall be allowed to buy and eat marijuana as soon as it is formally and legally on the market, similar to some other potential buyer, beneath the authorized weed legal guidelines handed final 12 months. 

On Thursday, performing New Jersey Lawyer Normal Matthew Platkin issued a memo alerting police chiefs that legislation enforcement companies “could not take any hostile motion towards any officers as a result of they do or don’t use hashish off responsibility,” which was codified within the New Jersey Hashish Regulatory, Enforcement Help, and Market Modernization Act.

Law enforcement officials are barred from possessing or utilizing marijuana whereas on the clock, or performing any work whereas beneath the affect. 

“To be clear, there ought to be zero tolerance for hashish use, possession or intoxication whereas performing the duties of a legislation enforcement officer,” Platkin mentioned. “And there ought to be zero tolerance for unregulated marijuana consumption by officers at any time, on or off responsibility, whereas employed on this state.

“The protection of our communities and our officers calls for no much less.”

Platkin’s memo comes three days after the New Jersey Hashish Regulatory Fee authorised 13 medical marijuana dispensaries to start promoting authorized weed to any grownup over 21 years previous, even these with no medical marijuana card. 

Authorized weed gross sales cannot start till a location has been inspected and issued a license. That is but to happen at any of the 13 dispensaries. 

Till these gross sales happen, New Jersey stays in a grey space: Marijuana is authorized to own and eat, however it’s unlawful to purchase or promote. That hasn’t stopped many marijuana customers over the past 14 months.

Extra NJ marijuana: Pot sellers discover their means within the ‘grey market’ 

The marijuana legalization legal guidelines permit any employer to keep up a drug-free office, and places into place procedures for suspected drug use whereas on the job.

Platkin’s memo reminds police chiefs they’ve the identical rights.

“Ought to there be affordable suspicion of an officer’s use of hashish whereas engaged within the efficiency of their duties, or upon discovering any observable indicators of intoxication associated to hashish use (together with following a work-related accident topic to investigation by the company), that officer could also be required to bear a drug check,” Platkin mentioned. 

However that drug check should accompany a bodily examination as properly, as tetrahydrocannabinol — or THC, the psychoactive ingredient in marijuana — can keep within the bloodstream for weeks.

A constructive drug check may imply the police officer smoked a joint on the way in which to the station, or ate a cannabis-infused gummy at an off-duty barbecue a month in the past. 

NJ authorized weed legal guidelines change drug check guidelines 

However not like different jobs, legislation enforcement officers are topic to federal laws as properly. And marijuana continues to be unlawful on the federal degree, even medically. 

In September 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a memo overtly stating that firearms licenses can’t be issued or bought to any “illegal person of or hooked on any managed harmful substance,” even when that individual is a card-carrying medical marijuana affected person of their house state. 

For the previous decade, regulators in quite a few states have pointed to that ATF memo as the explanation cops could not turn out to be medical marijuana sufferers. 

Leisure marijuana use, in states that legalized weed, has been seen as falling beneath the identical tips.

However the federal firearms statutes do embody an exception for firearms “issued for the usage of the USA or any division or company thereof or any state or division, company or political subdivision thereof.” 

The ATF didn’t instantly return a request for remark or clarification. 

Mike Davis has spent the final decade overlaying New Jersey native information, marijuana legalization, transportation and a little bit little bit of every thing else. He is gained a couple of awards that make his dad and mom very proud. Contact him at mdavis@gannettnj.com or @byMikeDavis on Twitter.