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Cannabis Legalization

Posted on: February 17, 2023

NJ Attorney General Updates Law Enforcement Drug Testing Policy

This week, New Jersey Attorney General Matthew J. Platkin issued a revised Law Enforcement Drug Testing Policy. The revised Policy includes necessary updates to account for legalized cannabis consumption and sales. Of relevance is the inclusion of a reasonable suspicion test for instances where a law enforcement officer is suspected of cannabis use or being under the influence of cannabis/marijuana while on the duty.

The revised Policy also requires laboratory testing to screen for marijuana/cannabis, but only when the officer is assigned to a federal task force, holds a federal regulated license that requires testing (e.g. pilot or commercial driver’s license), if the agency is specifically required to test by the terms of a federal contract or federal grant, or if the testing is being done because of reasonable suspicion of use or being under the influence while on duty.  

We encourage our members to review this information with their chief of police and legal counsel to ensure compliance with the revised policy.

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137. 

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