While states across the U.S. are loosening up on off-the-clock cannabis use for private sector workers, federal employees may not be so lucky. The U.S. Forest Service (USFS) is one federal agency that is prohibiting all of its employees from using any substance such as long as it is federally illegal. This past year, the USFS human resources division not only announced the ban of all federally controlled substances for its employees, but also warned about the risks behind consuming unregulated CBD and hemp-derived products.
USFS Prohibits Marijuana and Hemp-Derived Cannabinoids Use Under Controlled Substance Act
“There have been no changes to the panel of drugs contained in the list of Schedule I drugs under the Controlled Substance Act,” USFS said.
Like many employers against cannabis use, the USFS will be testing any employee suspected of using cannabis. Those in “Test Designated Positions” will be regularly tested for THC.
“Any employee having a positive drug test result for marijuana (or any other illegal drug), will be subject to mandatory administrative actions… which includes discipline up to removal for the first finding of illegal drug use,” states the USFS notice.
USFS Allows For CBD Consumption
That all being said, the USFS does not explicitly prohibit the use of hemp-derived CBD due to its legalization under the 2018 Farm Bill. While you could technically consume CBD as an employee of the USFS, the agency cautions unregulated use of hemp-derived products. Such as long as they are not evaluated by the Food and Drug Administration (FDA), the USFS warns of discrepancies within hemp-derived products such as falsely reported certificates of analysis and lab tests, in which some CBD products may still contain traces of THC.
“Cannabidiol is an active ingredient in cannabis and is not regulated,” it said. “It can be inaccurately labeled as having no to low levels of Tetrahydrocannabinol, and yet actually contain high levels. If you use CBD, you could test positive for illegal drug use.”
Unironically, USFS is also in charge of cleaning up illicit cannabis cultivation sites, which often places these THC free employees in close proximity to marijuana plants. Now, the drug testing policies put in place by the agency is being put to its own test as more and more states legalize cannabis.
Controversy Over Marijuana Drug Testing Policies
The largest union in the nation representing federal employees recently announced a resolution that would allow federal workers to responsibly use cannabis in legal states while off the clock. Additionally, Hoes Appropriations Committee leaders have also urged the White House to “continue to review policies and guidelines regarding hiring and firing of individuals who use marijuana in states where the individual’s private use of marijuana is not prohibited under the law of the State” as part of a FInancial Services and General Government (FSGG) report. While reviewing these policies, the committee specifically requests that the executive branch consider these drug testing policies with “consistency and fairness.”
Last June, the Senate Intelligence Committee adopted an amendment from Sen. Ron Wyden (D-OR) prohibiting the federal government witholding security clearances from people employed at intelligence agencies due to previous marijuana use.
Cannabis Use Varies Between Federal Agencies
Despite these amendments and resolutions, as well as marijuana legalization in several states, federal agencies like USFS are reluctant to change their drug testing policies in favor of cannabis use. The Substance Abuse and Mental Health Services Administration (SAMHSA) is also another agency with conservative views towards cannabis use. At SAMHSA, federal workers are required to be free of all Schedule I drugs, saying that even doctor’s recommendations for medical marijuana or any other controlled drug is no excuse for a positive drug test. Additionally, the Environmental Protection Agency (EPA) also announced to its workers that they will be taking a similar route as the USFA, in which all employees will be prohibited from consuming cannabis as well as investing into any cannabis businesses regardless of the local state laws.
Other federal agencies have more lenient policies. The Director of National Intelligence (DNI) mentioned last year that federal employers shouldn’t reject applicants based on previous cannabis use. The FBI has also shown marginal leniency toward cannabis, allowing applicants to be approved such as long as they have not used cannabis in the past year. This is a move forward for cannabis reformation, as the FBI’s former employment policy originally required applicants to be free of cannabis for over three years.
The Department of Transportation (DOT) announced that they will not be testing drivers for CBD, however, they will continue to test for THC, regardless of state laws. In May, Rep. Earl Blumenauer (D-OR) sent a letter to Transportation Secretary Pete Buttigieg arguing over the DOT’s cannabis testing policies as a contributing factor towards supply-chain issues. Many people have unnecessarily lost their jobs or the opportunity for one due to the DOT marijuana policy, creating a major shortage in drivers who can transport essential goods. Although Buttigieg campaigned on a pro-legalization platform during his 2020 presidential bid, his long time advocacy against cannabis prohibition has yet to permeate into DOT marijuana policies.
Private Companies Are Lenient on Marijuana and Hemp Use
Although federal agencies are scrambling to determine whether or not marijuana should be allowed for its employees, the private sector is finding greater success. With the help of state laws, more businesses are allowing workers to consume weed off the clock. It is now the time where businesses understand that the greater social stance for marijuana is beyond their control.
