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Former DEA agent fired over positive THC test from CBD products solicits public support as legal fees mount to challenge agency’s action

October 25, 2023 by Kyle Jaeger

Anthony Armour is fighting to get his job back at the Drug Enforcement Administration. After being terminated for testing positive for THC, which he attributed to federally legal CBD product, his legal battle for reinstatement has caused him significant financial hardship. He is now turning to the public to help.

Armour, who was described by DEA during his 16 years of service as “outstanding”, was terminated in 2019 after 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 still upheld Armour’s firing, even after he appealed.

“I really enjoyed what I was doing.” In a telephone interview with Marijuana Moment on Tuesday, Armour said: “I love what I do.” “The entire thing — I’m just disappointed with the direction that they took.”

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.

This has been a long-running case. Armour said that he uses CBD even though he is unemployed. He doesn’t think it’s a miracle drug, but he says the non-intoxicating cannabis oil has improved his overall health.

The former DEA agent, who was fired for “chronic pain treatment” and is not eligible for unemployment benefits, has maxed out credit cards in order to survive. His previously “perfect” scores have dropped to “poor”. Last week, he started a campaign to raise funds to cover litigation costs and basic expenses.

“I did have a brief stint of employment but it was only contract work, so it didn’t last very long.” “I’ve just been trying to get back on my own feet,” he said. “Being in this position is difficult, especially considering the nature of my work. I don’t go out much.” I do not have a social media account. I do not use social media. You have to be vulnerable when you tell my story. It was the last thing I wanted to do, because I’m not that kind of person.”

Armour made it clear that his issue is not with DEA. He acknowledges that many cannabis users hold a deep resentment towards the agency due to its historical role in criminalizing cannabis. While he hopes to go back to work at the DEA, he believes that cannabis laws need to be fundamentally changed.

“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.

He wants to let people know, especially critics who may be hesitant about sympathizing a former DEA Special Agent, that, in his opinion, “law enforcement and public service is no different than any other job.”

He said that he had to adhere to certain rules, and his job as an agent, was to enforce the Controlled Substances Act. “I did it, and I didn’t violate this.”

Armour’s job was lost because of the CSA and his use of a product that appeared to be legal but contained more THC that he intended. The natural product was intended to treat chronic pain, but it crossed the line from hemp extract (which is permissible, albeit not tightly regulated), to Schedule I marijuana.

The DEA is currently reviewing the federal schedule status of cannabis in response to a directive issued by President Joe Biden late last year. The U.S. Department of Health and Human Services has already finished its part of this review and concluded that marijuana should move to Schedule III of CSA, which is less restrictive but still illegal. The final decision is made by the DEA.

“I don’t really know what to make of that.” Armour stated that you just don’t really know what will happen. What I know is that CBD has helped me. It greatly improved my life.

The career law enforcement official, however, said that he would forgo CBD if he were allowed to return to DEA.

He said, “I do not know the most recent policy but I will follow the policy of this agency.” Armour responded that it was an excellent question. He said, “I’ll need to find alternative treatments” as he is unwilling to take opioids. His gastrointestinal problems also prevent him from taking over-the counter medications such as ibuprofen.

My case has brought it to light. He said he was “optimistic” that the circuit court would rule in his favor. He hopes that this will “bring about change to some legislation that is currently in place, such as the outdated legislation we have.”

In a briefing it gave last month, DEA said that the former agent’s objections to termination were “without merit” and “invite the Court to disregard well-established Federal Drug Policies, and to reweigh evidence in violation of the standard review”.

“Mr. Armour was a top-notch DEA agent in 2019 when he decided to take a risk. “He believed that CBD products were unlikely to cause him to test positively for marijuana but he was aware of the possibility, so he purchased these unregulated products online and consumed them regardless,” DEA lawyers said. “Mr. Armour argues he exhibited negligence or poor decision making, and DEA held him responsible for his poor choices when they led to a confirmed positive drug test. DEA lost confidence in Mr. Armour, and removed him properly.”

DEA admitted that Armour might not have intended to consume an illegal drug. However, they said that since he was aware that the product contained at the very least trace amounts THC, his consumption was “reckless”.

Attorneys have raised questions about whether federal employees like Armour would continue to face such penalties for marijuana if it’s moved to Schedule III. Attorneys are questioning whether federal employees such as Armour will still face the same penalties for marijuana, if it is moved to Schedule II .

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A top health agency has recently revised federal workplace drugs testing guidelines in order to clarify that medical marijuana used under doctor’s prescription is not an acceptable excuse for a THC positive test.

In recent years, Congress has tried to protect workers and job seekers from being penalized due to cannabis.

A newly re-filed bill by more than forty congressional Democrats would protect people who work in the climate sector from being fired if they tested positive for marijuana.

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 a defense bill that includes provisions prohibiting intelligence agencies such as the CIA or NSA from denying applicants security clearances solely because of their past marijuana usage.

The House Oversight and Accountability Committee passed a bipartisan bill in the last month which would prohibit denials of federal employment and security clearances because a candidate has used marijuana.


New Hampshire Marijuana Legalization Commission Begin Workshopping Draft Legislation Due on December 1


Photo by Chris Wallis // Side Pocket Images.

The post Former DEA agent fired over positive THC test from CBD products Solicits Support From Public As Legal Fees To Challenge Agency Action first appeared on Marijuana Minute.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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