Norhan Mansour is the cop at the center of the commission’s decision. According to court documents, she was chosen for a random drug test on Sept. 20, 2022, that turned up positive for cannabis (this was five months after the state’s recreational cannabis market opened). During a disciplinary hearing in November, she conceded that she had ingested cannabis gummies the night before the test, and afterward she was fired, the documents show.
She challenged her termination and the case went before Administrative Law Judge Kimberly Moss. Attorneys for Jersey City argued federal law bars its officers from possessing firearms and ammunition if they use cannabis, and that the federal law preempts the state’s marijuana legalization law, known as the CREAMM Act.
Fulop has made those arguments himself, posting on social media in April 2022 in response to Platkin’s memo that allowing officers to use cannabis off duty would put the “community at risk.” Fulop’s view was echoed by other mayors, including state Sen. Paul Sarlo (the Wood-Ridge mayor) and the Ocean County Sheriff’s Office, which also said it would bar its officers from using cannabis ever.
“I have been a staunch supporter of legalization and we have made Jersey City the most flexible with regards to legalization for our community but responsible protections for our officer and community is important. The trust between police/community is fragile,” Fulop wrote.
In June, Moss ruled in Mansour’s favor. Her decision notes the “obvious conflict” between the state’s law and federal law, which still considers marijuana an unlawful controlled substance. But she said the state is not required to enforce federal law while state law directs police departments to comply with the CREAMM Act, which bars employers from firing workers for using cannabis.