US Forest Service employees are still prohibited from using cannabis

On August 22, the US Forest Service Human Resources Department issued a notice to remind employees that cannabis use is not legal, even if they live in a state where it is legal.

“Several states now allow recreational and/or medicinal use of marijuana. However, marijuana is still an illegal drug under federal law,” the statement said. “All Forest Service employees must remain drug free, regardless of state law, and refrain from illegal drug use on or off duty. There were no changes to the list of drugs included in the Schedule I drug list under the Controlled Substances Act.”

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

Eventually, should an employee test positive for cannabis or another illegal substance, they are subject to “mandatory administrative action under DR 4430-792-2, Drug-Free Workplace Program, which includes disciplinary action up to and including removal upon first detection of illegal substance use.” “

Although CBD was legalized nationwide by the 2018 Farm Bill, the US Forest Service’s notice states that it is also taboo. “[CBD] may be mislabeled as having no to low levels of tetrahydrocannabinol, but actually contains high levels. If you use CBD, you could test positive for illicit drug use.”

Some US Forest Service employees are tasked with removing illegal cannabis plants found on state forest lands and cleaning up any trash or other materials left behind. However, a 2018 U.S. Department of Agriculture report found that after reviewing these sites, there was evidence that a proper cleanup was not being performed.

“We conducted on-site inspections of eight marijuana cultivation sites that were eradicated in California during fiscal years 2014-2016 and two marijuana cultivation sites in the Daniel Boone National Forest in Kentucky,” the report states. “Hazardous materials were present at seven of the eight growing sites in California, and infrastructure such as irrigation lines, trash or equipment was found at all eight sites. The hazardous material and infrastructure were still in place for some of the growing areas for several years after disposal.”

A study published in July 2019 found that legal cannabis can reduce illegal cultivation in national forests. “Our models seem to suggest that full national legalization of recreational cannabis would be a means by which illegal cultivation in national forests could be eradicated,” the researchers wrote. They also stated their belief that taxes on legal cannabis drive people to grow illegally on federal land.

Other U.S. agencies are also updating or repeating current rules and restrictions on cannabis for employees. Last August, data showed that professional drivers used cannabis more than any other substance. However, in May 2022, the U.S. Department of Transportation said 10,276 commercial truck drivers tested positive for cannabis, and this violation of the department’s regulations contributed to a nationwide shortage of drivers unable to keep their jobs. Most recently, in August, draft rules were published in the Federal Register warning professional driver medical examiners 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 purposes,” the rules state.