NJ Commission Overturns Jersey City’s Firing of Police Officer

Jersey City Faces Reinstatement Order for Fired Police Officers

Jersey City has lost another legal battle in its effort to bar police officers from using cannabis after the state Civil Service Commission overturned the termination of a third officer who was fired for marijuana use. The commission has mandated that the city reinstate Officer Mackenzie Reilly, who was dismissed in August 2023 following a positive drug test for cannabis. Reilly is also entitled to back pay and benefits.

State Commission Orders Reinstatement

On Wednesday, the Civil Service Commission directed Jersey City to rehire Reilly, who had tested positive for cannabis in a random drug test. This decision follows a recommendation from Administrative Law Judge Matthew Miller, who had previously advocated for Reilly’s reinstatement on July 11. Miller’s ruling is consistent with previous decisions involving officers Omar Polanco and Norhan Mansour, who were also ordered to be reinstated.

The commission’s decision emphasizes that the state’s cannabis legalization laws are not preempted by federal regulations. This marks a significant setback for Jersey City’s attempts to enforce stricter drug policies within its police force.

City’s Stance and Legal Disputes

Jersey City has fired at least five officers for cannabis use despite the state attorney general’s guidance that officers cannot be disciplined for legal cannabis use while off duty. The city argues that federal laws prohibiting cannabis users from purchasing firearms and ammunition apply to police officers, complicating the legal landscape.

The Civil Service Commission has now directed the city to rehire three of the five dismissed officers. Jersey City has yet to comply with these orders and faces a daily $200 fine if two of the officers are not reinstated by next week.

Reilly’s Case and Misconduct Allegations

Reilly’s case reveals specific challenges in the city’s handling of cannabis-related issues. Reilly used a cannabis vape purchased at a Montclair dispensary in January 2023, was tested the following month, and was suspended in March after testing positive.

A contentious issue in Reilly’s case was his failure to disclose cannabis use on a drug test form. The city claimed this constituted misconduct, but Miller clarified that Reilly’s cannabis use was recreational rather than medicinal at the time. Reilly only received a medical marijuana card after the drug test.

During Wednesday’s meeting, Commissioner Daniel W. O’Mullan opposed reinstating Reilly based on the form issue, suggesting instead a three-month suspension. However, the majority of the commission upheld the decision to reinstate Reilly, reflecting ongoing tensions between local enforcement policies and state regulations.

The Path Forward

The ongoing conflict between Jersey City’s drug policies and state laws on cannabis use highlights a broader issue within law enforcement agencies. As legal landscapes shift, cities will need to reconcile their policies with state and federal regulations to avoid further legal and financial repercussions.