The FBI updated its hiring policies last year so that candidates are only automatically disqualified from joining the agency if they admit to using marijuana within the year of application. Previously, future employees of the agency could not have used cannabis in the past three years. Yes, marijuana is still classified as a Schedule I substance under the Controlled Substances Act. This means that growing, distributing, using, manufacturing, and possessing marijuana remains illegal under federal law.
Executive Order 12564, Federal Drug-Free Workplace, requires federal employees to refrain from using illegal drugs. Therefore, any use or manipulation of marijuana is illegal for federal employees. Federal Employees Cannot Use Marijuana. If you already have or expect to apply for federal work, you may want to avoid marijuana use.
Working in the Marijuana Industry May Affect the Immigration Status of Green Card Holders. Federal employees cannot legally use marijuana in any form, whether recreational or medical. If they do, they can be removed, either for misconduct or for reasons of suitability. And if you're on probation, you won't even get to the question of conduct or suitability, you'll just be out.
You must realize the risk you are taking if you decide to violate this federal law. Nothing in the law requires accommodations for the medical use of marijuana if an employer has a drug-free workplace. Under California law, employers are not required to accommodate any medical use of marijuana on the property or facilities of any workplace or during hours of employment. Under New Jersey law, an employer is not required to accommodate the medical use of marijuana in any workplace.
The law also allows employers to have policies that restrict the use of marijuana by employees, including the ability of the employer to screen and discipline employees and applicants for marijuana use for drugs. Yes, an employer may choose to accommodate a consumer of medical marijuana, however, the employer chooses to do so, as long as the employer does not break any laws. Under Oregon law, an employer is not required to accommodate the medical use of marijuana in the workplace. While the use of medical marijuana may be legalized in a state, recreational use may not be legal in that same state.
The employer is not required to make any adjustments to the use of medical marijuana on the property or premises of any workplace. Under West Virginia law, the law prohibits employers from firing, threatening, refusing to hire, or otherwise discriminate against an employee with respect to the employee's compensation, terms, or conditions solely because of their status as a qualified medical marijuana patient. Because marijuana continues to be criminalized by federal law, any use of marijuana is considered illegal. Therefore, even if marijuana is legal in one jurisdiction (Canada or elsewhere), it is illegal for a federal employee to use marijuana in any form: smoke, edibles, tinctures, pens, etc.
Federal employees remain subject to a federal law that defines marijuana as a controlled substance, despite that a growing number of state and local jurisdictions have decriminalized it for medical or recreational purposes. If an employer decides to discipline a qualifying medical marijuana patient because of disability during working hours or because of being affected on premises, the employer must give the employee a reasonable opportunity to challenge the grounds of the determination. Under Hawaiian law, drug testing for marijuana is authorized if the applicant or employee has received written notice of the substances to be tested and has an opportunity to disclose current prescriptions and over-the-counter medications. However, employers are not required to make adjustments for the use of medical marijuana on the property or facilities of any workplace.
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