According to a top official at the U.S. Forest Service, as more states legalized marijuana, public perception has “shifted drastically” and federal agencies have seen an “uptick in positive drug test results for cannabis” that is causing more employees to be terminated.
Tony Dixon, USFS’s Deputy Chief of Business Operations, wrote a blog last week to federal employees. He said, “Our views on marijuana use have changed radically over the past decade.” He noted that an increasing number of states legalize the drug and asked, “Where does this leave the federal government?”
Dixon wrote: “The Forest Service, being a federal agency, is subject to all federal regulations.” As federal employees, we are all required to be drug-free, and refrain from using drugs that are federally prohibited, whether at work or on leave, regardless of the state laws.
The Forest Service official explained that “as a consequence of the confusion surrounding these state-bystate changes, there have been an increase in the number of cases where employees fail drug tests.” The results were associated with marijuana legalization and resulted to corrective actions, such as suspensions and terminations.
The federal prohibition of marijuana has not only affected the current workforce, but it has also discouraged a large number of candidates from applying for government jobs. In a recent survey, 30 percent of people between 18 and 30 years old either refused to apply or withdrawn their applications because of the strict marijuana policies that are required for security clearances.
Dixon stated, “I value my co-workers. I want to make sure that we continue to do what we love to do in a safe working environment.” I don’t wish to see anyone punished or lose their job for something which could be easily avoided.
He did not advocate for a change in policy that would shield people from employment penalties due to cannabis use, but instead he stressed how important it is to strictly adhere to the current federal laws.
Dixon stated that many Forest Service employees work in hazardous environments to serve our communities. We want you to know that this decision could negatively impact the rest of your life.
He also used the occasion to remind workers of the dangers associated with using hemp-derived CBD products that are federally legal. He said that because the CBD market was not regulated to allow for testing, it is possible that mislabeled CBD products could contain enough THC to cause a positive drug screen.
In a similar notice, the Forest Service warned employees against using CBD.
As federal employees, the government and the communities that we serve have high expectations of us. Dixon’s post states that we are expected to always conduct ourselves according to federal rules and regulations. I want to ensure that no one’s job is affected by circumstances that we can control. Remember that as a federal worker, no matter what state you live in, federal law will always apply.
Despite the fact that federal marijuana prohibition policies are still strict, some agencies have begun to relax their requirements in response to more states legalizing marijuana.
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The U.S. Secret Service , for example, recently updated its policy on employment to be more accommodating of applicants who have previously used marijuana. Candidates of any age are now eligible after one year. There were previously stricter restrictions based on age.
ATF has also updated its cannabis rules for job candidates. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has also revised its cannabis rules for job applicants.
Marijuana Moment obtained draft documents late last year that showed the federal Office of Personnel Management was proposing a new set of job application forms that would be much lenient in treating past cannabis use as compared to current policy.
In 2021, the Biden administration implemented a policy that allows waivers for certain workers that admit to previous marijuana use. However, certain legislators have called for further reform.
At a hearing on marijuana legalization last year, Rep. Jamie Raskin said that he planned to introduce a bill protecting federal employees from being denied clearances for marijuana.
Earlier this week, the Senate Intelligence Committee passed an amendment that would prevent agencies such as CIA and NSA from denying security clearances solely because of applicants’ past marijuana use.
The nation’s largest federal employee union adopted a resolution last year in support of marijuana’s legalization, and called for an stop to policies that penalize federal employees when they use cannabis responsibly in states where the drug is legal.
In 2021, the director of national Intelligence (DNI), said that federal employers should not reject security clearance applications based on past use. They should also use discretion with those who have cannabis in their stock portfolios.
The FBI updated its hiring policy that same year, so that candidates were only disqualified if they admitted to using marijuana within a year before applying. Prior to this, potential employees of the agency were not allowed to have used cannabis in the last three years.
In 2020, the Department of Transportation (DOT), which regulates its workforce, announced that it would no longer test drivers for CBD . DOT, however, has recently stated that its workforce is not allowed to use marijuana, and continues to be tested for both THC and CBD regardless of the state cannabis policies.
Rep. Earl Blumenauer, D-OR, sent a letter last year to the head of DOT stating that the policies regarding drug testing for commercial drivers and truckers are costing people jobs without need and contributing to supply chains issues.
Photo by Chris Wallis // Side Pocket Images.
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