New Jersey cops no longer will be tested for pot use

(The Center Square) — New Jersey police officers won’t be tested for cannabis use under most circumstances, but can still lose their badge if they are caught getting high on the job.

That's according to new guidance issued by New Jersey Attorney General Matthew Platkin, which updates the process of identifying and firing law enforcement officers who are determined to have used cannabis during training or while on the job, now that recreational pot is legal in the Garden State.

"The goal of the policy is deterring illegal drug use, including unregulated marijuana, by law enforcement officers," the updated policy states. "Because illegal drug use is inconsistent with the duties, obligations and responsibilities of sworn law enforcement officers, the policy mandates that officers who test positive shall be terminated from employment."

The guidance said police agencies "must undertake drug testing when there is reasonable suspicion" to believe a law enforcement officer is under the influence of cannabis or controlled substances. But it noted agencies shouldn't be screening for personal use off the job, unless the officer works under a federal detail and other jobs that require routine testing.

"Every law enforcement agency under the authority of the Attorney General must implement a drug testing program consistent with this policy," the document states.

New Jersey is one of 21 states and Washington, D.C. to legalize recreational marijuana for adults. Anyone 21 or older can legally buy cannabis products under a 2020 voter approved amendment to the state's constitution. Gov. Phil Murphy signed bills in early 2021 authorizing recreational pot sales and taxation of the products.

The law prohibits employers from firing and disciplining employees because they use cannabis, but also recognizes employers' rights to maintain a drug and alcohol-free workplace, and enforce policies prohibiting the use or intoxication of cannabis during work hours, including drug testing.

Law enforcement trainees and sworn officers who are determined after testing to have consumed cannabis or other drugs on the job will be suspended and face disciplinary hearings that could result in termination and permanent disbarment from the profession, according to the AG's updated policy.

New Jersey also maintains a central drug testing registry for law enforcement officers with the identity of applicants, trainees and sworn officers who test positive for illegal drugs, were found to have been under the influence of cannabis while at work or in training or if they refuse to submit to a drug test.

The New Jersey State Policemen’s Benevolent Association said the AG's updated drug testing policy follows months of back-and-forth between law enforcement unions and state leaders.

"The new policy reflects significant changes to the cannabis testing procedures," the union posted on social media. "These rule changes provide officers with clear guidelines and protection."

Last year, Platkin was criticized after he released a memo claiming the advent of legal weed in New Jersey meant police agencies couldn’t punish officers for off-duty cannabis use.

Republican lawmakers wrote to the AG last year expressing concerns about the off-duty cannabis policy and urging him to adopt a strict ban, similar to federal law enforcement agencies.