The latest front in post-pot legalization clean up features an arguably unlikely plaintiff, Save Jerseyans:
Jersey City.
On Monday, Jersey City Director of Public Safety James Shea sued the State of New Jersey on behalf of the state’s second most populous city; he argues that Trenton “failed to address the impact of the federal firearm laws on the use of regulated marijuana/cannabis in New Jersey for persons who are required to possess and/or receive firearms or ammunitions as part of the job duties, including police officers in Jersey City,” when it legalized recreational weed.
Jersey City says the Murphy Administration put its officers in a position where they will violate federal law.
“It is beyond dispute that law enforcement officers employed by the Jersey City Police Department must possess and receive a firearm and ammunition in order to be a police officers. Such an individual cannot do so without committing a felony under federal law,” the complaint explains.
“Perhaps even more significantly, Jersey City Police Department personnel must provide such officers with ammunition at least semiannually in order for them to fulfill their duties as a police officer,” added the plaintiff. “They cannot do so without being in violation of federal law given the knowledge that such officers are users of controlled substances.”
Among other sought relief, the city wants the court to declare that the so-called “CREAMM Act” is “preempted as it applies to adverse employment action to any individual who is an unlawful user of any controlled substance, including marijuana/cannabis, where such person is required to possess and/or receive a firearm or ammunition as part of his or her job duties.”
You can read the complaint here.
