The U.S. Department of Agriculture’s (USDA) food workers are encouraged to avoid cannabis products including CBD that is federally legal, because the agency has observed an “increase” in positive THC test results amid “confusion”, as more states legalize.
Last month, USDA’s Food Safety and Inspection Service sent out an alert reminding its employees they are “required” to follow federal laws regarding the use illegal drugs including marijuana, or cannabis.
USDA stated that “over the past decade, society has undergone significant change in its perception of the use and abuse of drugs, particularly cannabis, cannabis products, and marijuana.” Many states have legalized the use of cannabis for medicinal purposes. Some states allow cannabis to be used recreationally in the same way that tobacco and alcohol products are allowed. “There is confusion about the legalization of cannabis in different states and the rapid expansion of its availability.”
USDA suggests that confusion also extends to CBD products that are not intoxicating, despite being one of those departments that was most affected by 2018 Farm Bill which legalized hemp and derivatives such as CBD. The FDA or other regulatory agencies do not regulate CBD products to ensure that the labels are accurate and truthful.
It said: “In other words using Cannabidiol oils and cannabis-derived product comes with the risk of a negative urine drug test even when labels indicate that they do not contain THC.” In fact, the number of Federal employees who fail drug tests has increased in recent years. These failed drug tests have resulted in some corrective measures, such as suspensions or terminations of federal employees.
The notice pointed out that “social perspectives and state law” may have changed, meaning that FSIS workers could be exposed to cannabis “in social situations”, such as “celebrations.”
It says: “It’s important to understand that cannabis use may negatively affect Federal employment.”
The USDA is among the federal agencies who have sent out notices to employees in light of the changing cannabis policy landscape. States continue to pass marijuana reforms and legislators are seeking to implement employment protections that respond to this.
The U.S. Department of Transportation has finalized a new rule that amends its drug-testing policy. This could have significant consequences for truckers and commercial drivers who use marijuana on the job.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has updated its employment policy to make it so applicants who’ve grown, manufactured or sold marijuana in compliance with state laws while serving in a “position of public responsibility” will no longer be automatically disqualified–whereas those who did so in violation of state cannabis policies won’t be considered.
Recently, the Secret Service relaxed its restrictions on marijuana use by potential agents.
Marijuana Moment obtained draft documents late last year that showed the federal Office of Personnel Management was proposing to replace several job application forms in a manner that would deal with past cannabis use much more leniently under current policy.
In 2021, the Biden administration implemented a policy that allows waivers for certain workers with prior marijuana use. However, certain legislators have called for further reform.
A recently re-filed bill by more than forty congressional Democrats would protect people in the climate sector from being fired if they test positive for marijuana , if their state of residence is legal.
The House Rules Committee repeatedly blocked efforts by lawmakers to stop the practice of testing federal job candidates for marijuana in large-scale spending measures this session.
In the Senate however, in July, senators passed defense legislation that includes provisions prohibiting intelligence agencies such as the CIA or NSA from denying applicants security clearances solely because of their past marijuana usage.
In September, the House Oversight and Accountability Committee passed a bipartisan bill that would prohibit denials of federal employment and security clearances because a candidate has used marijuana in the past.
California’s Governor recently approved a law that prohibits employers from asking applicants about previous marijuana use .
In Michigan, in October, a new policy ended pre-employment drug tests for marijuana for the majority of government job applicants. It also gave people who had already been punished for positive THC test results an opportunity to get their sanction revoked retroactively.
In May, Washington State Governor passed a law protecting workers against employment discrimination due to their legal use of marijuana during the hiring process.
Washington now joins Nevada in banning discrimination against applicants who test positive for marijuana. New York offers broader protections to adults who use cannabis legally during non-working hours.
Maryland Regulators are now accepting marijuana license applications from social equity businesses
Photo by Brian Shamblen.
The post USDA reminds workers to avoid marijuana and CBD amid ‘uptick’ in positive THC tests and ‘confusion’ over state reform movement first appeared on Marijuana moment.
