There is no denying the tremendous growth of CBD over the years. It is part of oil products, gummy candies, lotion, or coffee – you name it and there’s a CBD product. It is said to be a safer and more natural alternative to stress, pain, or sleep aids. The 2018 Farm Bill, which legalized hemp, also made many people think since many consider CBD to be a hemp product, all these products are safe and can be consumed by anyone. For federal government employees, the simple question is ‘is CBD legal for federal employees?’ There is no simple answer to this question, and any federal employee trying to answer such a question risks their job significantly.
Even though CBD, which is derived from hemp, is not a controlled substance anymore, no one has altered the federal rules that govern workplaces. The state preserves a Drug-Free Federal Workplace program that is quite comprehensive and efficient, and the application and ideas set forth by general CBD laws and these employment laws specifically bring a serious problem. However, consumption of any of the CBD products may risk the user testing positive for THC in drug tests, therefore affecting the job, security clearance, and even career. It is, therefore, imperative to appreciate the complexity of the substance before engaging oneself in the activity.
The 2018 Farm Bill: Did it Change Anything at All? If yes, What Exactly?
To get to the root of the problem, it is necessary to remember first of all, the Agriculture Improvement Act of 2018, better known as the 2018 Farm Bill. Being an industry revolution upon the cannabis market, the wording in this document is commonly mistaken. The bill clearly separated two types of cannabis plants – hemp and marijuana.
The distinction is made by one element only: delta-9 tetrahydrocannabinol, abbreviated to THC. This is the substance in cannabis that makes the user feel ‘high.’
Hemp is the Cannabis sativa L plant, or any part of the said plant having a THC concentration of less than or equal to 0.3% dry weight basis, as characterized by law.
Marijuana refers to any cannabis plant that is greater than this stated maximum of 0.3% THC content.
The Farm Bill legalized growing, possessing, and selling hemp and its products such as CBD by excising it from the list of drugs under the Controlled Substances Act. That is why CBD products are easily available both in stores and on the internet. Meanwhile, marijuana has not been legalized and remains a drug in Schedule I of the Controlled Substances Act and in the law enforcement bodies of many countries. This is why federal employees do not understand what is going on.
Reasons for Different Rules Among Federal Employees
Let’s talk about the most pertinent issue with straightness: a substance being legal for citizens and its use being acceptable for federal workers are two different things. There is a Drug-Free Federal Workplace program that the federal government has been abiding to in the wake of E.O. 12564 banning the use of drugs. For federal purposes, marijuana use remains prohibited; this policy does not allow marijuana use in any form for federal employees.
CBD metabolites are not tested by any federal agency. Such agencies, however, convert the activated form of THC in the body to non-intact or ‘metabolized’ THC. Such improvement is not possible, however, under federal statutes as the presence of a positive THC result does not differ whether it originated from the hemp plant or the marijuana plant. This is because the presence of a positive result means detection of a Schedule I drug, which has contravened the norm in a federal workplace. This is the main reason for the struggle on whether is CBD legal for federal employees; although the CBD product in question may be legal, the presence of THC that may be there is illegal.
Introduction of THC and Federal Drug Test
The main issue for any federal employee who wants to use CBD products is that most of the products have THC, which, at least in terms of legality, is considered to be extremely drugging. This means that however hard one tries, the odds of passing a drug test without any drama or other issues are very low.
The Risk of Unregulated CBD Market
The Food and Drug Administration (FDA) does not regulate most of the CBD products that are sold presently within the marketplace. This is a “threat to customers” in a sense. The absence of a formal check procedure means that some companies are able to camouflage or sneak in some parts of the product to make correct labels but wary of the content among others. Many proved researches suggest that the content labeled never fits the content placed inside or the content description inside the package.
A good illustration is a survey that came out in the Journal of the American Medical Association in 2017 that reported that out of the 84 CBD products examined, only close to 31 percent of the products were correctly labeled. It was also found that some of the products contained more than the legally acceptable levels of THC, a compound that is very difficult to measure, making its labeling almost impossible. On the flip side, every time you consume an exogenous cannabis product where the producer is unlicensed and unregulated, there is absolutely no way of controlling the content of THC. Therefore, it renders the question “is CBD legal for federal employees?” This and many other questions illustrate the impracticality of doing so.
Is It Possible for One to Test Positive if the THC Concentration is 0.3%?
It is widely believed that it is one of the reasons why this is entirely legal. There is no possible way one can have a positive weed test of a produced CBD that is within the legal limit. This may be a rather inaccurate notion. Since THC easily dissolves in the body’s fat, it will accumulate in significant amounts. Under continued use of a product such as CBD oil, containing even less than 0.3% of THC, the substance could build up in the system.
Think of a small, slow leak in a bucket. If one drop of water is insignificant, then one could argue that it is not a problem over a few weeks or months if one more steady drop of water enters the bucket. For the same reason, daily traces of THC start to build up to non-zero concentrations well within the usual standard federal drug test. There is no secret to how much of it is bad due to the fact that it is subject to one’s metabolism, body fat content, duration and interval of usage, and ripeness of the substance at use. These risks make the most significant – in terms of hazards to one’s safety – answer to the question is CBD legal for federal employees being a big ‘no’.
How About Specific Federal Agencies?
There are some examples from a number of such key and big bosses. Surely, they are categorical within their own idealism.
SAMHSA stance
Essentially in America, the role of setting standards which govern testing for controlled substances in places of employment is played by the Substance Abuse and Mental Health Services Administration. In one of the memoranda of 2019, they [SAMHSA] clarified this by stating that nothing in the 2018 Farm Bill changes the stance of such Federal Workplace Drug Testing Programs.
On the other side of the argument, a memo from the same year states that positive THC test results cannot be presented with any CBD product used for medical reasons. Therefore, the test shall be deemed positive by the Medical Review Officer and the employee sanctioned. Given its policy, SAMHSA influences whether or not is CBD legal for federal employees by advising that it will not lead to exculpation after a drug test.
Department of Transport (DOT)
This is also the agency, the Department of Transport, which has control over high-risk staff such as pilots, train, and automotive truck operators. DOT, who are known for being fair and tough, just some well two words, issued a newsletter announcing that marijuana does not come under the purview of the provisions of 49 CFR Part 40 or in respect of Substance Control and Alcohol Testing Provisions.
The DOT has set a clear guideline for its workers on the consumption of CBD products, meaning their workers should steer clear of them, particularly because the FDA does not regulate the THC content of such products. It reads: “The Department of Transportation requires marijuana testing and not CBD testing… Many CBD products are mislabeled. There is no reason to have marijuana on a substance testing screen.”
The Armed Forces
All regulations restrict the use of controlled substances by active service members in the most extreme manner possible. Still, the United States Department of Defense’s (DOD) policy clearly extends beyond active duty to anyone who would be prohibited from using any hemp-derived substances including CBD. Titled, “Department of Defense Sets Policy to Ban Use of Hemp Products in Drug Testing,” it goes on to say: “This ban is in place… to protect the integrity of the drug testing…”. This includes the Army, Navy, Air Force, Marines, and Coast Guard. The rules in the military are crystal clear: smoking of cannabis or CBD oil is not permissible.
Regarding Security Clearance
Federal employees who have a security clearance face even more severe consequences. A positive drug test result can lead to an immediate suspension or revocation of a security clearance. However, it is not just about testing.
When completing the application or renewal of a security clearance, federal employees must also complete the Standard Form 86 (SF 86). The form includes questions that specifically probe about drug use history, including illicit drugs. While it still remains prohibited under federal law, having used any product that might even remotely contain the psychoactive ingredient THC, such as marijuana, most certainly raises such matters during one’s background check.
Deciding authorities appreciate exhibited restraint, dependability, and credibility. A voluntary consumption of any product from an unguided market – which is likely to breach federal policy – may be seen as a lack of discretion. Consequently, for those who have a security clearance, reading to understand whether is CBD legal for federal employees is coupled with a number of obstacles.
Are there any special considerations for CBD usage for Federal Employees That Can Involve the Use of a Product Named Epidiolex?
There is a special circumstance where, at the federal level, the use of CBD products as a medication is possible. The Food and Drug Administration has approved one pharmaceutical product that is derived from cannabis, and it is known as Epidiolex. It is mainly used to manage seizure disorders that occur in cases of serious epilepsy.
If a federal employee uses Epidiolex for bona fide medicinal reasons, its use will be regarded as legitimate and approved in such case. Such a record shall be in the care of a medical practitioner, which shall be evidence in a drug test if need arises. But, as already discussed, this particular exception is very rare. Prescription drugs do not fall into this category, and none of the THC-free CBD oils, gummies, or balms, nor any creams ordered in stores for general public health use fall in this category. For instance, there is a difference in taking a prescription drug and using a purchased CBD product.
Frequent Queries and Answers
- Is it fine to use “THC free” or any CBD with broad spectrum? What if it is used in any event?
- Looks like no. Even though the bill allows CBD under 0.5 percent, it treats the federal government the same way as it did before the bill. So the answer to the question; is CBD legal for federal employees is NO.
- How can I verify whether there will be THC content? Is it after I have used or after some time?
- Active ingredient “CBD” labeled products could or would have within them, THC.
- Disposing in the waste bin close to the pool is not acceptable. Not going back into the pool until a new swimsuit is obtained is an option.
- Medicinal use of cannabis in the United States is much older than the Compassionate Use Act of 1996. In fact, some states had legalized cannabis even before that.
There are quite a number of products that claim to contain zero THC. Even though broad-spectrum and CBD isolate products can be washed to rid them of THC, there is still a possibility of the products getting contaminated in a callous hand or being labeled wrongly. As the Food and Drug Administration does not regulate the substances listed, there is no way you can be 100% sure that it is free of the known traces of THC. It is below the threshold, and federal authorities will not understand the reasoning of “I did not know there was THC in it.”
Will I be fired if I take CBD?
It is not so much acute use of CBD as it is failing a drug test for THC. Therefore, if the use of CBD products raises the risks of testing positive for THC, then in essence, CBD products also carry termination risks. Such a conclusion is consistent.
Is there any relevance to where a person resides in such circumstances?
What most people want to know is whether the use of CBD is legal for federal employees is a concern executives right now?
No, for each state that permits the use of recreational and medical marijuana due to legal reasons of residents, irrespective of whether one inhibits in that state, shall in existing state laws including controlled work policies laws exist in that state. Quite all personnel shall be litigious to the policy without bias to the place of work, as many legal analysts have held that marijuana smoking belongs to the infringements of the federal policy.
Although CBD oil itself (where it has less than 0.3% THC) is technically a legal product within the confines of the 2018 Farm Bill, use of it defies the trust and regulations of the federal employees. Given the likelihood of contamination with THC and a test for drugs found positive, consumption of CBD oil or other CBD products is practically forbidden for all employees of federal organizations, who might be subjected to an obligatory drug test.
Conclusion
Therefore, how does it all come to “is CBD legal for federal employees” and after looking at facts what is the conclusion of the case? The 2018 Farm Bill legalized specifically hemp but did not change the federal government’s policy of observing zero tolerance to the employees’ marijuana levels. The situation around CBD remains precarious as most of the products are not regulated and usually, they carry more THC than the label suggests. This makes it very risky for someone in federal employment.
Different federal bodies including SAMHSA, DOT, and the military have all issued clear statements discouraging its use. A drug failure, revocation of security clearance, and subsequent destruction of career is not worth it for anyone. So as long as there is no reinforced FDA control of CBD and no federal government workplace drug policy reforms, the safest and the most advisable measure to every federal employee is to stay away from CBD completely.