CBP, Customs and Border Protection, is warning its employees and their families to “Say No to CBD”.
The agency published an overview on the issues surrounding non-intoxicating cannabis, warning that CBD products are unregulated and could contain THC concentrations that would show up in drug tests.
CBP doesn’t prohibit workers from using CBD-derived hemp products that were legalized by the federal government under the 2018 Farm Bill. However, it strongly urges border patrol agents to refrain as a precaution.
The advisory states that “The CBP Drug Free Workplace Plan” which requires drug tests, applies to CBP federal civil employees. Even though marijuana and THC are legal in many states, they remain illegal substances under Schedule I.
It adds that “the use of CBD products, whether topically applied or consumed, can cause a positive test for drugs due to THC.” CBP does not view this as a false positive because it is a real finding of THC. This could result in disciplinary actions, including termination from service.
Research has shown that CBD products are often mislabeled. The problem will likely persist in the absence Food and Drug Administration regulations. FDA stated earlier this year there would need to be additional congressional action in order to allow CBD to be used as a dietary supplement or food.
CBP stated that employees should not use a product if they have any doubts about whether it contains a prohibited ingredient.
In a strange move, the notice states that “it is important to know what regulations apply to you, particularly if you are a CBP worker or a family member” (emphasis in original). It is not clear why CBP goes to the extent of warning relatives of CBP employees to become familiar with CBD policies.
Last year, the U.S. Forest Service’s (USFS) Human Resources division published a similar notice warning employees of the dangers associated with consuming CBD products that are not federally regulated.
NASA sent out a memo shortly after hemp became legal. The memo warned its employees that using products with CBD could result in them losing their job.
CBP enforcement activities have been complicated by the federal legalization and derivatives of hemp. This has led officials to look for portable marijuana analyzers that can quickly identify cannabinoid profile and distinguish marijuana from hemp.
In parallel, as the legalization of marijuana in states continues, other federal agencies have also revised their drug testing policies and employment policies for both workers and applicants.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently 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 that admit to previous marijuana use. However, certain legislators have called for further reform.
Rep. Jamie Raskin, D-MD, said during a hearing on marijuana legalization last year that he planned to introduce a bill protecting federal workers against being denied clearances for marijuana.
The nation’s largest federal employee union adopted a resolution last year in support of marijuana decriminalization, and to end the policies that penalize federal employees for using cannabis responsibly when they are off-the-clock 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.
The Environment Protection Agency has also made it clear to its employees, that marijuana use is not allowed and neither are investments in the cannabis industry. This applies regardless of state laws or any changes in “social standards” surrounding cannabis.
The Biden administration has implemented a policy that allows for discretion in federal employment, and if a person discloses their past marijuana use. However, this policy is under fire by advocates after early reports claimed the White House had fired or punished dozens staffers because they were truthful about their history of cannabis use.
Jen Psaki, then White House Press Secretary, tried to minimize the fallout but without much success. Her office issued a statement 2021 that stated no one was terminated for “marijuana use from years ago,” or “due casual or infrequent usage during the previous 12 months.”
The U.S. Department of Transportation recently 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 Department of Justice published an announcement in the Federal Register, on Tuesday, stating that the rulemaking process was completed for the policy change. This would allow the oral saliva test to be used as an alternative urine-based drug tests.
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Photo by Kimzy Nanny.
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