By Paige Britt
nj.com
JERSEY CITY, N.J. — The New Jersey Appellate Division dominated that two Jersey City law enforcement officials, beforehand terminated for off-duty hashish use, could be reinstated to full obligation and allowed to hold firearms.
The courtroom dominated on May 1 that the officers’ terminations violated state legislation, upholding Civil Service Commission orders reinstating them and rejecting the division’s reliance on federal legislation.
| POLICE1 ANALYSIS: New Jersey courtroom checks limits of police hashish insurance policies
Omar Polanco and Norhan Mansour have been faraway from their positions with the Jersey City Police Department after testing optimistic for cannabinoids throughout random drug checks in September 2022.
Both have been fired in March 2023.
Polanco and Mansour admitted to utilizing legally regulated hashish off obligation, which the courtroom dominated was protected beneath the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, or CREAMMA.
CREAMMA bars self-discipline solely for off‑obligation, regulated hashish use — together with for legislation enforcement officers — until there may be proof of on‑obligation impairment.
The Jersey City Police Department argued that the federal Gun Control Act barred the officers from possessing firearms, citing a provision that prohibits “unlawful users” of managed substances from possessing firearms or ammunition.
The courtroom rejected that argument, discovering no direct battle between state and federal legislation and concluding that firearms issued for official police use fall beneath a federal exemption.
The division argued that the federal legislation preempted CREAMMA, a place the courtroom rejected.
The New Jersey Civil Service Commission initially issued the choices directing the police division to reinstate Mansour and Polanco with again pay and advantages, ruling that the division violated CREAMMA by terminating them for off-duty regulated hashish use.
The officers have been positioned on modified obligation with out firearms in September 2024.
Polanco and Mansour weren’t accused of utilizing hashish on the job or of being beneath the affect whereas working.
The judges in each circumstances concluded that the Jersey City Police Department didn’t show a “positive conflict” between state and federal legislation.
A optimistic battle exists when a state legislation and a federal legislation can’t be reconciled or utilized persistently — one thing the judges stated the division didn’t display.
The officers have been awarded mitigated again pay, advantages and seniority within the courtroom’s May 1 resolution.
“I’m just so disgusted with Jersey City,” stated Michael P. Rubas, legal professional for Polanco and Mansour.
“We were very, very hopeful when the new Solomon administration came in that they would stop this nonsense because, quite frankly, Jersey City is blatantly violating the law, blatantly violating the Attorney General directives and taking adverse employment against these officers,” Rubas stated.
Mayor James Solomon was sworn into workplace in January.
“The actions against these employees were taken under the previous administration,” stated Nathaniel Styer, communications director of the mayor’s workplace.
“While we are reviewing the decision, we want to note that the previous policy does not represent the views and values of the Solomon Administration.”
Rubas defined that though the officers have been reinstated, they nonetheless haven’t been issued their police licenses or firearm IDs.
In March, Rubas filed a lawsuit within the Chancery Court to get Polanco’s and Mansour’s licenses and firearms again.
He can be attempting to get the officers their again pay.
“When this is all said and done, this is going to cost the city millions of dollars,” Rubas stated.
Rubas stated he has reached out to the Solomon administration a number of occasions and nothing has been executed.
Kyle J. Trent, representing the Jersey City Police Department, didn’t instantly reply to a request for remark.
Should officers be allowed to make use of legally obtained hashish whereas off obligation?
During the annual vigil, Acting Attorney General Todd Blanche spoke concerning the lasting impression of supporting households as 363 fallen officers have been honored, together with 109 killed in 2025
The suspect is accused of stabbing Wayne County Sheriff Thomas Ballinger and Sgt. Dan Broome with a knife; the person then fled the scene and was caught after posting a video on-line
Alameda County will settle a wrongful demise lawsuit stemming from the Sept. 7, 2022, killing of a married couple by then Deputy Devin Williams
Metro Nashville PD Officer Peter Kinsey stopped a person strolling alongside a freeway when the person tackled him and fired a shot from his holstered service weapon
©2026 Advance Local Media LLC. Visit nj.com.
Distributed by Tribune Content Agency, LLC.
Smith & Warren marks a century of excellence in badge designing and manufacturing