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A uniformed Newark police officer was caught on video taking hits off a blunt from another man and shared throughout social media.

A memo put out by acting New Jersey Attorney General Matthew Platkin makes clear that under New Jersey’s legalized recreational marijuana law members of law enforcement are well within their rights to partake in the consumption of marijuana as long as it’s when they’re off duty.

It reminds police departments they “may not take any adverse action against any officers because they do or do not use cannabis off duty.” As long as they’re not actively high on duty, it won’t matter if a drug test shows traces of thc left in their system from days or weeks ago.

It is not clear if this officer was off duty at the time of taking a hit but he is clearly still in uniform. What is also in question is the fact that this new relaxation of law goes into effect today, Thursday, the 21st, and this video was recorded yesterday.