An attorney argued that the Drug Enforcement Administration (DEA), fired a former drug enforcement agent based upon an “unjustifiable and unlawful” reason after he had tested positive for THC using CBD products marketed as being derived federally legal hemp.
Anthony Armour, a special agent who was described as “outstanding” by the DEA during his 16 years of service, was terminated in 2019. A random drug test revealed traces THC metabolites. He admitted taking CBD as an alternative to opioids for chronic pain. He also turned over products he thought were federally legal according to the 2018 Farm Bill. But DEA upheld the firing of Anthony Armour, even after he appealed.
Matt Zorn’s brief, submitted this week to the U.S. Court of Appeals, Federal Circuit, challenged a number of arguments made by the agency. He argued that the agency relied on evidence that was “undeniably flawed” to prove that Armour had used marijuana illegally, by consuming a CBD-based product that he thought fit the federal definition of hemp.
This is indefensible. The brief states that [DEA’s answer] sheds a disturbing light on the way an outstanding DEA officer was punished for an unintentional action. The government states that DEA wanted to terminate Armour regardless if he had remorse, a good service record, or an intent. DEA would not have allowed Armour to continue working for the federal government , even if he had been negligent in buying CBD products.
“DEA could charge Armour anything it wanted according to its guidelines. It can also create any drug policy that it wants,” it states. “But DEA placed Armour on a pedestal, and charged him with possession/use of marijuana without ever proving the charge. It took shortcuts that were unjustifiable and illegal.
“DEA cannot dismiss Armour because of his apparent negligence or recklessness in purchasing CBDs that are widely marketed. The brief continued, “DEA failed in both regards. To remove Armour based on the charges it brought, DEA needed to prove that Armour acted intentionally and provide substantial proof that he had used cannabis.” The removal of Armour must be reversed and the punishment is unjustifiable.
According to the brief, since it is “undisputed” Armour did not intend to use marijuana or possess it, “the maximum penalty reasonable is none at all”, and that poor judgement or negligent behavior does not justify a marijuana charge, contrary to DEA position.
Armour’s lawyer cited several analogous cases that he claimed establish that “unintentional usage of illegal substances” does not warrant removal. For instance, a DEA officer who tested positive for illegal drug use after injecting steroid injections that a trainer had told him were legal was reprimanded on appeal. Another federal officer in the Air Force was removed from his position after he accidentally ate THC-infused chocolate brownies.
The Court could resolve this appeal directly on the question of intent. The [appellations board’s] mistakes do not end there. “There was no evidence of intent and no substantial evidence to support Armour’s use of marijuana,” the report states.
In the brief, it is stated that the test used to justify removing the agent did not determine if the THC he had in his system came from eating federally legal hemp marijuana or illegal marijuana. The brief also states that the appeals panel “agreed that the test that was used to analyze Armour’s CBD product that it voluntarily provided” was “undeniably faulty.”
This includes DEA–but the departmental guidance only came after the former agent was terminated. This includes DEA, but departmental guidance was only issued after the former agent had been terminated. His attorneys noted this in a May briefing to the U.S. Court of Appeals Federal Circuit.
In a September response briefing, DEA stated that the former agent’s challenges against the termination were “without merit” and “inappropriately invite the Court ignore well-established Federal Drug Policies and re-weigh the proof in violation of the standard review”.
Armour has asked for financial assistance from the public, as he struggles to find work and faces legal fees to fight in court. He has stressed that the problem is not with DEA.
In an interview with Marijuana Moment last month, he said that he recognized that many cannabis users hold deep resentment towards the agency due to its historical role in criminalizing cannabis. He hopes to return to the agency to continue working there but he also agrees the laws surrounding cannabis must fundamentally change.
“I am in favor of legalization.” “I support common sense legislation,” said he. “And, clearly, the science supporting legalization is present, but it has been ignored for so long. We are fortunate to have people who can bring this issue to the forefront and educate many people.
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While advocates and legislators work to reshape the federal marijuana laws however, federal agencies continue communicating that their current policy still prohibits workers from engaging in state legal cannabis activity and that they should use caution when it comes to legal hemp products.
The U.S. Department of Agriculture’s (USDA) food workers were recently told to avoid cannabis, including CBD that is federally legal, because the agency has observed an “uptick in positive THC test results amid confusion” as more and more states legalize.
The U.S. Department of Transportation has finalized a new rule that amends its drug-testing policy. This could have a significant impact on truckers, commercial driver, pilots, and other federally regulated workers who use marijuana outside of work.
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 if they admit to previous 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 legislators to stop the practice of testing federal job candidates for marijuana , as part of large spending bills in 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 of a candidate’s past marijuana usage.
Below, you can read the former DEA Agent’s Brief for the Federal Appeal Court case:
Rawpixel and Philip Steffan provided the photo elements.
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The post Court brief Slams DEA’s ‘Indefensible” Rationale for Firing Agent over Positive THC Test attributed to CBD Hemp Product first appeared on Marijuana Minute.
