Cannabis has been having a good run for the past couple of years. As public perception towards the cannabis has changed, several states have allowed cannabis use in various forms, culminating in the November 2020 ballot, which saw five additional states legalize either recreational or medical marijuana. However, federal employees are still subject to drug testing for controlled substances, including cannabis, the Substance Abuse and Mental Health Services Administration (SAMHSA) has warned.
With the recent slew of state-level legislation allowing cannabis use in various forms, some federal employees may assume they are now safe to use cannabis. But according to Ron Flegel, director of the Division of Workplace Programs at SAMHSA, the drug testing panel under the federal Drug-Free Workplace Program (DFWP) hasn’t been subject to any changes. SAMHSA is part of the Department of Health and Human Services, and it is in charge of overseeing federal drug testing policies.
Less than a week after the November elections, the agency sent out a one-paragraph memo to federal medical review officers and federal drug program coordinators cautioning federal employees against indulging in cannabis. The memo stated that despite recent state-level changes in cannabis legislation, the DFWP will keep on testing for Schedule I and Schedule II controlled substances. Schedule I drugs include heroin, LSD, cannabis, peyote and ecstasy while Schedule II drugs include cocaine, methamphetamine, methadone, OxyContin, fentanyl and Adderall.
This isn’t the first time SAMHSA has cautioned federal employees against the use of cannabis, or more specifically, cannabinoids. Back in late 2019, the agency sent out a government-wide memo noting that despite hemp-derived CBD products being legal under the 2018 Farm Bill, the lack of industry-wide regulations meant there was a high risk these products were contaminated with THC. This is the cannabinoid responsible for cannabis’ infamous high, and using such products could result in a failed drug test.
The memo resulted in a flurry of federal policy updates from NASA, the Coast Guard, the Department of Defense and other agencies regarding the use of nonintoxicating cannabinoids such as CBD.
In light of recent state-level policy changes, the federal government is currently pushing to expand its drug testing protocols for controlled substances, including cannabis. SAMHSA published proposed rules that would expand workplace drug-testing programs by allowing for collecting and analyzing hair samples rather than urine, for the presence of controlled substances. However, drug reform advocates argue that these policies could encourage discrimination against people of color.
At the state level, cannabis programs remain vibrant with different firms enjoying massive growth. For example, Michigan legalized recreational marijuana back in 2018, a move that has given firms such as Gage Cannabis Co. a favorable regulatory climate within which to scale new heights and become one of the top brands in the state.
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