A federal judge in New Jersey has declined to rule on a case involving off-duty police officers who consume state-legal cannabis, despite there being a federal prohibition on gun ownership and marijuana use.
Judge Xavier Neals, sitting in the District of New Jersey, said he would “abstain from exercising jurisdiction,” and instead stay the proceedings initiated by officials from Jersey City, who challenged a state law that bars discipline against employees who lawfully use cannabis outside the workplace.
Under federal law, cannabis users may not possess firearms, and Jersey City argued that the prohibition would bar police officers from having firearms on the job.
In April 2022, Jersey City issued a memo to police officers saying marijuana use would be off-limits, even to off-duty officers. The state attorney general, that same month, issued a memo stating that police officers are covered under the provision that bars adverse employment actions against employees who use cannabis off the clock.
In his Friday ruling, Judge Neals said he was not dismissing the case, but must stay the proceedings because of parallel cases currently playing out in the courts that could affect the Jersey City case.
Some of those other cases involve either lawsuits or administrative proceedings initiated by officers who were fired for cannabis use.
The judge said the plaintiffs can reopen the present matter within 60 days of the conclusion of the other state proceedings.