Two Jersey City police officers, Norhan Mansour and Omar Polanco, remain unreinstated to their previous positions despite a recent state appellate court ruling in their favor regarding their termination for off-duty cannabis use. This ongoing dispute highlights the complexities of cannabis employment law in states where adult-use cannabis is legal, particularly concerning public safety personnel.
Legal Background and City’s Stance
The controversy originated in 2022, shortly after New Jersey’s legal adult-use cannabis market commenced. The state Attorney General’s Office issued guidance to police departments, indicating that the state’s cannabis legalization law did not permit disciplinary action against officers for off-duty cannabis use. However, then-Mayor Steve Fulop of Jersey City maintained that federal law prohibits individuals who use a controlled substance from possessing firearms, thereby precluding police officers from any cannabis consumption.
In September 2022, Officers Mansour and Polanco tested positive for cannabis, which they stated was purchased legally. Jersey City subsequently suspended and terminated their employment. This action initiated a series of legal challenges, as previously reported by Hemp Gazette in its coverage of the New Jersey appellate court’s rulings on cannabis employment law.
Administrative and Appellate Rulings
The officers’ terminations were challenged through administrative channels:
- Administrative law judges initially sided with the officers.
- The state Civil Service Commission later upheld these decisions, ordering their reinstatement.
Despite these rulings, the officers were placed on modified duty in 2024 but were not returned to their full police duties. Jersey City appealed both decisions. On May 1, a state appellate panel affirmed the previous rulings, siding with Mansour and Polanco. A separate decision, however, upheld the termination of a third officer who had purchased cannabis from an unlicensed source, underscoring the distinction between legal and illicit market acquisition.
Current Standoff and Financial Implications
According to attorney Michael Rubas, who represents the officers, Jersey City has not complied with the court orders to fully reinstate Mansour and Polanco. Rubas stated that the officers are owed hundreds of thousands of dollars in back pay and have not had their firearm ID cards or weapons returned. He expressed disappointment with the current administration under Mayor James Solomon, who took office in January, noting that the city’s stance has not changed despite the change in leadership.
A spokesperson for Mayor Solomon, Nathaniel Styer, indicated that the city is reviewing the policies of the previous administration, acknowledging that they are
Disclaimer: This article is for informational purposes only and does not constitute medical advice. Hemp Gazette does not provide medical recommendations, diagnoses, or treatment plans. Always consult a qualified healthcare practitioner before making any decisions regarding your health or any medical condition. Statements concerning the therapeutic uses of hemp, cannabis, or cannabinoid-derived products have not been evaluated by Australia’s Therapeutic Goods Administration (TGA). Medicinal cannabis products in Australia are accessed via prescription pathways under TGA regulation.
