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New Jersey Officer Reinstated After Being Fired For Positive Cannabis Drug Test
One New Jersey Officer recently won a court case that reinstated him in his job and entitles him to back pay.
A police officer in Jersey City, New Jersey was fired for testing positive for THC in a drug test. Last week, that officer was reinstated to his position with back pay.
Norhan Mansour was fired well after Gov. Phil Murphy signed a bill to legalize adult-use cannabis in New Jersey in 2021 (with sales beginning in April 2022). After the bill was signed, the Jersey City Police Department clarified that although cannabis was legal, police officers were prohibited from consuming cannabis when off the clock. Mansour was one of four officers who were terminated due to a positive THC test in June 2022, all of whom pursued a lawsuit in April 2023.
Mansour’s attorney Peter Paris explained the hypocrisy of his firing. “What Jersey City is doing is equivalent to terminating police officers because they had a beer off duty,” Paris said in June. “Except it’s worse because there is no constitutional right to drink beer, while there is a constitutional right in New Jersey to consume cannabis.”
According to a Jersey City Times report from June, the case was settled by the New Jersey Civil Service Commission. In favor of reinstating Mansour, Judge Kimberly Moss said that state law “…precludes employers from terminating an employee simply because the employee uses cannabis and precludes employers from terminating their employees solely due to the presence of cannabinoid metabolites in the employee’s system,” Moss said.
At a meeting on August 2, the commission claimed that the city’s argument is “unpersuasive,” adding that the federal ban on cannabis consumers owning firearms doesn’t apply to law enforcement officers. “The Civil Service Commission finds that the action of the appointing authority in removing the appellant was not justified,” the commission stated. “The Commission therefore reverses that action and grants the appeal of Norhan Mansour. The Commission further orders that the appellant be granted back pay, benefits, and seniority from the first date of separation without pay until the day of reinstatement.”
In October 2022, the New Jersey Cannabis Regulatory Commission introduced a new directive on drug testing requirements for law enforcement in the state. By February 2023, Attorney General Matthew Platkin had also revised a policy on drug testing for law enforcement. “Due to the complex nature of the law, and in order to provide uniformity in state employee drug testing as it pertains to the use of cannabis, it is necessary to revise this policy,” Platkin stated.
The topic of individuals owning firearms has also been explored in depth over the past few years, both in relation to law enforcement as well as civilian gun ownership under federal law.
Florida Agriculture Commissioner Nikki Fried announced earlier last year that she planned to sue the Biden administration “…to block a federal rule that prohibits medical marijuana users from buying guns or maintaining concealed-carry permits.” Then in Florida last November, a federal judge rejected a lawsuit that aimed to prevent medical cannabis consumers from buying firearms.
In February, a federal court case in Oklahoma ruled that banning cannabis consumers from owning guns is unconstitutional. Brian Vicente of Vicente Sederberg LLP described the case as a significant step forward for cannabis consumer rights.
“For decades, and across various states, medical cannabis patients have been asked to choose between participating in their state’s legal cannabis program or owning a firearm,” Vicente told High Times in February. “This federal court decision secures the rights of adults to both use cannabis and own guns and effectively removes the restriction, and associated stigma, that these adults face. This is part of a broader trend of conservative states embracing marijuana policy, with both Alabama and Mississippi establishing medical cannabis programs in 2022 and Oklahoma poised to legalize cannabis on March 7 of this year.”
Similarly, a federal court decision in Texas in April also found that banning consumers from possessing firearms is unconstitutional as well. “Quite simply, there is no historical tradition of denying individuals their Second Amendment rights based solely (or even partially) on the use of marijuana,” the case filing stated.
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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