Feds Clarify That Doctor-Recommended Medical Marijuana Is No Excuse For A Positive THC Test Under New Workplace Guidelines
Introduction
In a significant development, the Substance Abuse and Mental Health Services Administration (SAMHSA) has revised federal workplace drug testing guidelines. The revisions aim to clarify that the use of medical marijuana, even when recommended by a doctor in a state where it is legal, is not a valid excuse for a positive THC test for federal employees. This announcement, scheduled for publication in the Federal Register, reaffirms the federal government's strict stance on cannabis, despite growing support for legalization.
Cannabis Policy Clarification
SAMHSA's recent updates to federal workplace drug testing guidelines come after a period of public comment and scrutiny. One notable clarification is that passive exposure to or unintentional ingestion of any illegal drug, not limited to cannabis, does not excuse a positive drug test for federal employment purposes.
Related: Is Medical Marijuana Right for You?
The Conflict Between State and Federal Law
While state medical cannabis programs exist, they do not protect federal workers from termination due to marijuana use. This latest language reaffirms the federal government's position, underscoring that, according to federal law, marijuana remains a Schedule I controlled substance and cannot be prescribed by physicians. As such, a doctor's recommendation for medical marijuana use is not considered a valid medical explanation for a positive marijuana test.
A Historical Perspective
Federal drug testing for marijuana in the workplace traces its origins back to an executive order issued by President Ronald Reagan in 1986, known as E.O. 12564. This order prohibits government workers from using Schedule I and Schedule II drugs. Although there have been recent calls for rescheduling marijuana to Schedule III of the Controlled Substances Act by the U.S. Department of Health and Human Services, it remains to be seen how such changes would affect federal workers.
Potential Implications
The recent amendment in SAMHSA's guidelines is primarily meant to clarify that passive exposure to any drug and ingestion of food products containing drugs are not acceptable medical explanations for positive drug test results. This adjustment, however, does not change the fundamental position on medical marijuana use in federal workplaces.
Read Also: Does a Medical Marijuana Card Protect Me at Work In Virginia?
Legislative Efforts
At the federal level, there have been ongoing legislative efforts to address the conflict between state laws permitting legal cannabis access and workplace drug testing policies. In some instances, lawmakers have attempted to provide protections for workers and job applicants who use cannabis, particularly in states where it is legal.
Some congressional Democrats have introduced bills to protect individuals working in the climate sector from being fired for testing positive for marijuana if they are in a legal state.
The House Rules Committee has blocked attempts to end drug testing for federal job applicants for marijuana in large-scale spending bills.
The Senate passed defense legislation containing provisions to prevent intelligence agencies from denying security clearances based solely on past marijuana use.
A standalone bipartisan bill passed the House Oversight and Accountability Committee, which aims to prevent federal employment or security clearance denial based on a candidate's past marijuana use.
CannabisMD TeleMed: Navigating Virginia's Medical Marijuana Landscape
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