NJ cops won't be drug tested for marijuana in most cases, AG says

Mike Davis, Asbury Park Press
·2 min read
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TRENTON - New Jersey police officers will no longer be drug tested for cannabis unless they're suspected of using or under the influence of marijuana on duty or if their position requires federal drug testing.

Under the newest revision to the New Jersey Attorney General's Law Enforcement Drug Testing Policy, officers can be screened for cannabis if they are believed to be using or under the influence of drugs while on-duty, similar to other drug-free workplace protections included in the New Jersey marijuana legalization laws.

Officers can also be screened for cannabis if they do work or hold licenses regulated by the federal government, including those:

  • assigned to a federal task force

  • holding a federally-regulated license that requires drug testing, such as a pilot license or commercial driver's license

  • working for a law enforcement agency that receives a federal contract or grant which requires drug testing.

New Jersey State Policemen's Benevolent Association President Patrick Colligan did not immediately respond to a request for comment. In social media posts, the PBA noted that the revisions came after months of back-and-forth negotiations, and "provide officers with clear guidelines and protection."

The New Jersey Attorney General's Office spokesman did not return a request for comment.

The issue of police officers and legal weed has been a thorny one. In April 2022, Attorney General Matt Platkin issued a memo to police chiefs that law enforcement agencies "may not take any adverse action against any officers because they do or do not use cannabis off-duty."

But that ruling seemed to violate a September 2011 memo by the Bureau of Alcohol, Tobacco, Firearms and Explosives which overtly stated that firearms licenses cannot be issued or sold to any "unlawful user of or addicted to any controlled dangerous substance," even if that person is a card-carrying medical marijuana patient - let alone a recreational marijuana user - in their home state.

The statutes do include an exception for firearms "issued for the use of the United States or any department or agency thereof or any state or department, agency or political subdivision thereof."

Mike Davis has spent the last decade covering New Jersey local news, marijuana legalization, transportation and a little bit of everything else. He's won a few awards that make his parents very proud. Contact him at mdavis@gannettnj.com or @byMikeDavis on Twitter.

This article originally appeared on Asbury Park Press: Marijuana in NJ: cops won't be tested under legal weed laws