By Paige Britt
nj.com
JERSEY CITY, N.J. — The New Jersey Appellate Division ruled that two Jersey City police officers, previously terminated for off-duty cannabis use, can be reinstated to full duty and allowed to carry firearms.
The court ruled on May 1 that the officers’ terminations violated state law, upholding Civil Service Commission orders reinstating them and rejecting the department’s reliance on federal law.
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Omar Polanco and Norhan Mansour were removed from their positions with the Jersey City Police Department after testing positive for cannabinoids during random drug tests in September 2022.
Both were fired in March 2023.
Polanco and Mansour admitted to using legally regulated cannabis off duty, which the court ruled was protected under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, or CREAMMA.
CREAMMA bars discipline solely for off‑duty, regulated cannabis use — including for law enforcement officers — unless there is evidence of on‑duty impairment.
The Jersey City Police Department argued that the federal Gun Control Act barred the officers from possessing firearms, citing a provision that prohibits “unlawful users” of controlled substances from possessing firearms or ammunition.
The court rejected that argument, finding no direct conflict between state and federal law and concluding that firearms issued for official police use fall under a federal exemption.
The department argued that the federal law preempted CREAMMA, a position the court rejected.
The New Jersey Civil Service Commission initially issued the decisions directing the police department to reinstate Mansour and Polanco with back pay and benefits, ruling that the department violated CREAMMA by terminating them for off-duty regulated cannabis use.
The officers were placed on modified duty without firearms in September 2024.
Polanco and Mansour were not accused of using cannabis on the job or of being under the influence while working.
The judges in both cases concluded that the Jersey City Police Department failed to prove a “positive conflict” between state and federal law.
A positive conflict exists when a state law and a federal law cannot be reconciled or applied consistently — something the judges said the department failed to demonstrate.
The officers were awarded mitigated back pay, benefits and seniority in the court’s May 1 decision.
“I’m just so disgusted with Jersey City,” said Michael P. Rubas, attorney for Polanco and Mansour.
“We were very, very hopeful when the new Solomon administration came in that they would stop this nonsense because, quite frankly, Jersey City is blatantly violating the law, blatantly violating the Attorney General directives and taking adverse employment against these officers,” Rubas said.
Mayor James Solomon was sworn into office in January.
“The actions against these employees were taken under the previous administration,” said Nathaniel Styer, communications director of the mayor’s office.
“While we are reviewing the decision, we want to note that the previous policy does not represent the views and values of the Solomon Administration.”
Rubas explained that although the officers have been reinstated, they still have not been issued their police licenses or firearm IDs.
In March, Rubas filed a lawsuit in the Chancery Court to get Polanco’s and Mansour’s licenses and firearms back.
He is also trying to get the officers their back pay.
“When this is all said and done, this is going to cost the city millions of dollars,” Rubas said.
Rubas said he has reached out to the Solomon administration multiple times and nothing has been done.
Kyle J. Trent, representing the Jersey City Police Department, did not immediately respond to a request for comment.
Should officers be allowed to use legally obtained cannabis while off duty?
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