New Jersey Officer Reinstated After Cannabis Use: A Precedent with Concerns
In a recent landmark case, a New Jersey judge and the Civil Service Commission ruled in favor of a Jersey City officer, Norhan Mansour, who was fired for off-duty cannabis use. The decision has sparked a debate within law enforcement circles about the implications of such a ruling. This article aims to dissect the facts of the case and delve into why allowing officers to use cannabis could be a problematic idea, backed by scientific studies.
The Case: Facts and Outcome
Officer Norhan Mansour was subjected to a random drug screening in September 2022, which yielded a positive result for cannabis. She admitted to consuming cannabis-infused gummies the evening before the test. Consequently, her employment was terminated. However, Administrative Law Judge Kimberly Moss ruled that the city failed to provide any evidence demonstrating that Mansour's off-duty cannabis use had an impact on her job performance. The Civil Service Commission upheld this recommendation, granting Mansour retroactive pay, benefits, and coverage of legal expenses.
The Legal Clash: State vs. Federal Law
Judge Moss highlighted the evident clash between New Jersey's state legislation and federal law, which still classifies marijuana as an illegal controlled substance. The judge emphasized that the state is not obligated to uphold federal law in situations where state law, specifically the CREAMM Act, mandates police departments to adhere to it. This act prohibits employers from terminating employees due to cannabis usage.
Why Allowing Officers to Use Cannabis is Problematic
Impaired Cognitive and Motor Skills
One of the most significant concerns about cannabis use is its impact on cognitive and motor skills. A study titled "Marijuana effects on simulated flying ability" found that pilots showed a significant decrease in flying performance 30 minutes after smoking marijuana. While the study focused on pilots, the implications for law enforcement officers are clear: impaired cognitive and motor skills can be detrimental in high-pressure situations that require quick decision-making and physical agility.
This study was completed over 40 years ago when THC levels were around 2%. Cannabis products now, like the gummies that the NJ officer consumed, can be over 70% THC exacerbating the effects of the drug.
Long-lasting Effects
Another study, "Carry-over effects of marijuana intoxication on aircraft pilot performance", found that the effects of marijuana could last up to 24 hours, affecting standard landing maneuvers in pilots. This long-lasting effect could similarly impact an officer's ability to perform their duties effectively, even if they are not under the influence while on duty.
Like the previous study, this one was conducted in 1985 (over 30 years ago). Again, THC levels were at an all time low where they are at an all time high today.
Federal Law and Firearms
It's worth noting that federal law still classifies cannabis as an illegal substance. Officers are required to handle firearms, and federal law prohibits users of illegal drugs, including marijuana, from possessing firearms. This creates a legal paradox that could put departments and officers at risk.
While the ruling in favor of Officer Mansour sets a precedent, it also raises valid concerns about the implications of allowing law enforcement officers to use cannabis. Scientific studies indicate that cannabis use can impair cognitive and motor skills, with effects that could last longer than the period of intoxication. Coupled with the clash between state and federal laws, especially concerning firearms, the issue warrants careful consideration. As more states move towards legalizing cannabis, law enforcement agencies must weigh the pros and cons carefully before adapting to this new legal landscape.