On June 22, U.S. Forest Service (USFS) deputy chief for business operations Tony Dixon published a statement exploring the relationship and impact of cannabis on federal employees.

“Over the last 10 years or so, our views around the use of marijuana have shifted radically,” Dixon stated. “Many states have legalized use of marijuana for medicinal purposes, and some have even allowed recreational use in much the same manner as tobacco or alcohol products. But where does that leave the federal government?”

Like other federal agencies, USFS employees are subject to the same federal laws as everyone else. However, he also explained the ongoing problem of federal employees not passing drug tests. “As a result of the confusion around these state-by-state changes, there has been a noticeable uptick in cases of employees failing drug tests,” he said. “Those results have been associated with the legalization of marijuana and have resulted in corrective action, including suspensions and loss of employment.”

Depending on the agency, some people are disqualified from applying if they have consumed cannabis within one year up to five years. The Federal Bureau of Investigation (FBI) previously required applicants to abstain from cannabis use for up to three years in order to be eligible for a job, although that was changed to one year back in July 2021.

The U.S. Secret Service used to allow applicants 24 or younger to apply for a job if they were cannabis-free for one year, and those 28 and older would need to be cannabis-free for at least five years. However, in May the agency updated its rules to allow applications to be reviewed for those who consume hemp-derived cannabis products within one year prior to the application.

According to Dixon though, cannabis can prevent employees from doing their work. “I value all my co-workers and want to ensure that we all continue to do the work we love in a safe environment,” he added. “I don’t want to see anyone penalized or even lose their jobs for something that could easily be avoided.”

“Many Forest Service employees already work in risky environments in the service of our communities,” he continued. “We want you to be aware of how this choice could have a negative effect on the rest of your lives. So, I wanted to take this time to refresh everyone on regulations and expectations placed upon us as Forest Service employees.”

Dixon addressed CBD as well, warning that some products inaccurately label products which contain trace amounts of THC and could potentially lead to a positive drug test. He also provides information for the Substance Abuse and Mental Health Administration’s National Helpline, and online resources for treatment for those “struggling with addi[c]tion.”

“Above all, I want to make sure that at the end of the day, no one’s employment is affected or cut short by situations that are within our control,” Dixon concluded. “Please remember that no matter the state, as a federal employee, you are always subject to federal law.”

Although Dixon suggests that federal employees should abstain from cannabis use, and cites substance abuse services if they have trouble doing so, some studies have found evidence that many substances can be used to treat certain forms of addiction. 

The results of a study published in JAMA Psychiatry in August 2022 found that psilocybin can be used to treat alcohol misuse disorder. 

In October 2022, a study published in Substance Use & Misuse stated that four out of five patients featured in the study reported a decrease or reduction in opioid use after using medical cannabis. “The findings suggest that some medical cannabis patients decreased opioid use without harming quality of life or health functioning, soon after the legalization of medical cannabis,” researchers explained.

In March, researchers wrote in an Addiction Neuroscience journal study that CBD helped female rats curb opioid addiction. “The ability of [whole-plant extract] to reduce opioid reward and drug seeking behavior appears quite robust and of great clinical utility,” researchers wrote. 

Another study published in the journal Expert Review of Neurotherapeutics earlier this year in April also found that many chronic pain patients who consumed cannabis for six months decreased their use of opioids. Researchers also found that “…patients prescribed oils or both types of CBMPs experienced reduced anxiety and an improvement in their ability to perform daily activities,” the authors wrote.

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On Aug. 22, the U.S. Forest Service Human Resources published a notice to remind employees that cannabis consumption is not allowed, even if they live in a state where it’s legal.

“Several states now allow recreational and or medicinal use of marijuana. However, marijuana is still an illegal drug per federal law,” the notice said. “All Forest Service employees must remain drug-free and refrain from illegal drug use whether on or off duty regardless of state laws. There have been no changes to the panel of drugs contained in the list of Schedule I drugs under the Controlled Substance Act.”

The notice also listed the current rules for drug testing protocol. First, it warned that any employee can be subjected to drug testing for cannabis if there is “reasonable suspicion” that they have been consuming. Second, employees whose jobs are listed as Test Designated Positions (TDPs) will also continue to be drug tested. “Test Designated Positions generally carry safety or security responsibilities tied to the Forest Service mission. Job functions associated with TDPs relate to public health and safety, the protection of life and property, law enforcement, or national security.”

Finally, should an employee test positive for either cannabis or any other illegal substance they “will be subject to mandatory administrative actions per DR 4430-792-2, Drug-Free Workplace Program, which includes discipline up to removal for the first finding of illegal drug use.”

Although CBD was legalized nationwide through the 2018 Farm Bill, the U.S. Forest Service’s notice states that it is also off limits. “[CBD] can be inaccurately labeled as having no to low levels of Tetrahydrocannabinol, and yet actually contain high levels. If you use CBD, you could test positive for illegal drug use.”

Some U.S. Forest Service Employees are tasked with removing illegal cannabis plants found on national forest land, and cleaning up any trash or other materials left behind. However, in 2018 a report from the U.S. Department of Agriculture stated that after reviewing these sites, there was evidence that a proper cleanup was not conducted.

“We performed onsite inspections of eight marijuana grow sites that were eradicated in FYs 2014- 2016 in California and two marijuana grow sites in Daniel Boone National Forest in Kentucky,” the report states. “Hazardous materials were present at seven of the eight grow sites in California, and infrastructure such as irrigation piping, trash, or equipment were found at all eight sites. The hazardous material and infrastructure were still present several years after eradication for some of the grow sites.”

A study published in July 2019 found that legal cannabis can reduce illegal grows in national forests. “Arguably, our models hint that outright, national recreational cannabis legalization would be one means by which illegal grows on national forests could be made to disappear,” the researchers wrote. They also stated their belief that taxes on legal cannabis is what drives people to cultivate illegally on federal land.

Other agencies in the U.S. are also updating or reiterating current rules and restrictions of cannabis for employees. Last August, data showed that commercial truck drivers consumed cannabis more than any other substance. However in May 2022, the U.S Department of Transportation shared that 10,276 commercial truck drivers tested positive for cannabis, and this violation of the department’s rules contributed to a nationwide shortage of drivers who couldn’t keep their jobs. Most recently in August, draft rules were published on the Federal Register that warned medical examiners of commercial drivers that CBD could still contain THC, which is not allowed. “A driver who uses marijuana cannot be physically qualified even if marijuana is legal in the State where the driver resides for recreational, medicinal, or religious use,” the rules stated.

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