New Jersey Commission Overturns Jersey City’s Firing Of Third Police Officer For Marijuana Use

Jersey City lost another round in its fight to bar cops from using cannabis after the state Civil Service Commission overturned the termination of a third officer who was fired for using marijuana.

The commission on Wednesday ordered the city to reinstate police officer Mackenzie Reilly, who had been fired in August 2023 after testing positive for cannabis during a random drug test. Reilly should also receive back pay and benefits, the commission ruled

“I understand Jersey City’s reticence in allowing marijuana users, especially chronic marijuana users, to possess weapons,” Miller wrote, adding, “In New Jersey, that ship has sailed.”

The details of Reilly’s case are spelled out in Wednesday’s decision: He smoked from a vape purchased at a Montclair dispensary in January 2023, was drug tested the next month, and was suspended in March after he tested positive for cannabinoids in his urine.

One unique issue in Reilly’s case is the city’s contention that he committed misconduct by not revealing on a form given to him when he was drug tested that he was using cannabis as a form of medication. But Miller noted that the cannabis Reilly bought that day was recreational, because he did not receive a medical marijuana card until a few weeks after the drug test.

During Wednesday’s meeting, the commissioners debated whether Reilly’s refusal to divulge this information was grounds for suspension based on misconduct and insubordination. Commissioner Daniel W. O’Mullan voted against reinstating Reilly over the drug test form issue and suggested he face a three-month suspension.

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