The Jersey City Police Officers Benevolent Association is pushing back against a lawsuit aimed at preventing police officers from using cannabis while off-duty, citing federal regulations. The union’s attorneys are calling the lawsuit, which lawsuit targets NJ’s cannabis law, a facade for a political agenda.
Legal Arguments And Police Rights
Attorney Peter Paris, representing the police union, filed a motion to dismiss the city’s lawsuit. He argues that Jersey City’s concerns over federal repercussions for allowing cannabis use by off-duty officers are unfounded, reported New Jersey Monitor.
Paris said the conflict is between city policies and the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization (CREAMM) Act, which permits such use.
State Vs. City: Dispute At The Core
The disagreement stems from a directive by New Jersey Attorney General Matt Platkin, affirming that officers could not be dismissed for off-duty cannabis use under state law. Despite this, Jersey City, led by Mayor Steve Fulop (D) and Public Safety Director James Shea terminated at least four officers for cannabis consumption.
The city justifies its stance by pointing to federal laws that prohibit firearm owners from using cannabis.
The Union’s Counter-Argument
The police union’s filing debunks the city’s federal law concerns as “pure hogwash,” noting the absence of any concrete threats from federal agencies regarding the arming of cannabis-using officers. Furthermore, the union argues that New Jersey officers don’t need federal firearms permits, rendering the city’s legal basis irrelevant.
Historical Precedent And The Path Forward
Additionally, the union draws on a 1991 Supreme Court decision that favored local regulation over federal preemption in a different context, arguing it supports their stance that New Jersey law should prevail regarding police officers’ rights and firearms. They argue that no federal action has been taken against officers for cannabis use and that state law allows them to work and be armed, contrary to the city’s claims.
As the legal battle continues, the outcome could set a significant precedent for how police officers’ off-duty behaviors are regulated.
Photo: New Jersey State Police.
Image and article originally from www.benzinga.com. Read the original article here.