Woodland Park to all municipal employees: Use of marijuana may lead to termination

The municipality's 120 employees have been notified that if they use marijuana it could lead to their termination, Mayor Keith Kazmark said. 

"Regardless of this change in law, the Borough Council and I want to emphasize that all policies and procedures and rules and regulations applicable to the employees of the Borough of Woodland Park will remain the same," Kazmark said.

Although it does apply to all municipal employees, it is most likely to affect those who work for the police and public works departments, as they are subject to random drug tests, borough officials said.   

"Our police officers are responsible for ensuring our public safety, enforcing laws and serving as our protectors," Kazmark said. 

"Our DPW workers utilize heavy equipment and hold CDL licenses to carry out their duties in maintaining the infrastructure, keeping our town looking beautiful."

Other workers are also entrusted with serving the community, such as those in the building and recreation departments. They, however, are likely to be tested only if there's a suspicion of impairment on the job. 

"While cannabis use is now legal," Kazmark said, "we as municipal employees and public servants must provide services to our residents and customers with a clear mind and optimal efficiency."

It varies how long traces of cannabis products remain in the system, but for some it can be 30 or more days, according to studies. A 1985 study of chronic marijuana users found that the average time it took for heavy smokers to pass a urine drug screen was 27 days, according to Inverse.com. 

In case of an on-the-job accident or incident, it will be difficult to discern whether an employee was impaired at the time or if a positive drug result was due to prior use, said municipal officials. The results would be used to determine the municipality's liability in the incident.

Woodland Park Police Chief John Uzzalino said he discussed the issue with Kazmark after a police chiefs' association meeting where other police leaders discussed the fact that departments had not been given a clear directive from the state Attorney General's Office. 

Uzzalino said marijuana is still illegal under federal law and the current testing methods do not provide details on when the individual used the drug or was impaired.  

There are numerous liability questions that could arise, Kazmark said — for example, if an employee of the DPW crashes a truck or a police officer fires a gun and their drug test result is positive. 

Woodland Park is not alone in assessing the potential risks. The state Attorney General's Office said Jersey City and Bayonne have taken similar stances. 

Paterson, while having no policy in place to discipline its officers, does recognize the risks. 

"We have a policy that highly recommends that officers refrain," Public Safety Director Jerry Speziale said, "for their own protection and safety."  

In Passaic, the policy relies more on personal responsibility, said Mayor Hector Lora. 

"I am concerned with whether City Hall employees are working hard to keep our city safe and clean and treating people with courtesy, respect, and good customer service, and not how they responsibly choose to legally spend their time off the clock," Lora said. 

Uzzalino said he spoke to his department's union, which represents the 16 patrol officers, and they are OK with the township's no-use policy. 

"Many of these guys have dreamed of being officers since they were kids," the chief said. 

Acting Attorney General Matthew J. Platkin said that in response to questions from law enforcement officials, he issued a memo outlining police officers' rights and responsibilities as codified in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.

"The April 13 memo simply reflects the letter of the law," Platkin said, "including how it impacts police officers, and does not in any way go beyond the plain text of the statute as written or the regulations that the Cannabis Regulatory Commission has issued."

It does not reflect a policy position he has taken.

"To be clear, I share the concerns being expressed by some elected officials, legislators and others with regard to the off-duty use of legal cannabis by police officers," he said.

Attorney General's Office officials said other states that have legalized cannabis have provided exceptions to the law, some of which outline whether police officers may use marijuana.