State laws keep loosening around off-the-clock cannabis use for private sector workers, but that shift hasn’t reached federal employment. The U.S. Forest Service (USFS) remains one agency holding a hard line, barring employees from using any substance still illegal under federal law. Over the past year, USFS human resources not only reaffirmed its ban on federally controlled substances but also flagged the risks tied to unregulated CBD and hemp-derived products.
USFS Reaffirms Ban on Marijuana and Hemp Cannabinoids Under the Controlled Substance Act
“There have been no changes to the panel of drugs contained in the list of Schedule I drugs under the Controlled Substance Act,” USFS said.
USFS follows the same playbook as many cannabis-averse employers, testing any employee suspected of use. Workers in “Test Designated Positions” face regular THC testing.
“Any employee having a positive drug test result for marijuana (or any other illegal drug), will be subject to mandatory administrative actions… which includes discipline up to removal for the first finding of illegal drug use,” states the USFS notice.
CBD Use Isn’t Explicitly Banned by USFS
That said, USFS stops short of banning hemp-derived CBD outright, since it was legalized under the 2018 Farm Bill. Employees can technically use CBD, but the agency warns against unregulated products. Because these items typically go unevaluated by the Food and Drug Administration (FDA), USFS points to real risks — including falsified certificates of analysis and lab results — that can leave some CBD products carrying more THC than labeled.
“Cannabidiol is an active ingredient in cannabis and is not regulated,” it said. “It can be inaccurately labeled as having no to low levels of Tetrahydrocannabinol, and yet actually contain high levels. If you use CBD, you could test positive for illegal drug use.”
There’s some irony here: USFS is also responsible for clearing illicit marijuana grow sites, which puts THC-free employees in regular proximity to cannabis plants. Meanwhile, the agency’s testing policies face growing scrutiny as more states move toward legalization.
Pushback Against Federal Marijuana Testing Policies
The country’s largest federal employee union recently passed a resolution supporting responsible off-the-clock cannabis use in legal states. Separately, leaders on the House Appropriations Committee have pressed the White House to “continue to review policies and guidelines regarding hiring and firing of individuals who use marijuana in states where the individual’s private use of marijuana is not prohibited under the law of the State,” language included in a Financial Services and General Government (FSGG) report. As part of that review, the committee is specifically asking the executive branch to apply “consistency and fairness” to its drug testing standards.
Last June, the Senate Intelligence Committee passed an amendment introduced by Sen. Ron Wyden (D-OR) that bars the federal government from withholding security clearances from intelligence agency employees over past marijuana use.
Federal Agencies Don’t All Handle Cannabis the Same Way
Even with these legislative moves and state-level legalization spreading, agencies like USFS have been slow to soften their drug testing stances. The Substance Abuse and Mental Health Services Administration (SAMHSA) takes an equally conservative approach, requiring federal workers to stay free of all Schedule I drugs — a doctor’s recommendation for medical marijuana or any other controlled substance doesn’t excuse a positive test there either. The Environmental Protection Agency (EPA) has signaled it’s heading in the same direction as USFS, barring employees from both using cannabis and investing in cannabis businesses, regardless of what state law allows.
Other agencies take a lighter touch. The Director of National Intelligence (DNI) said last year that federal employers shouldn’t disqualify applicants purely over past cannabis use. The FBI has eased up somewhat too, now approving applicants as long as they haven’t used cannabis within the past year — a real shift from its former policy, which required three-plus years of abstinence.
The Department of Transportation (DOT) has said it won’t test drivers for CBD, though THC testing continues regardless of state law. In May, Rep. Earl Blumenauer (D-OR) wrote to Transportation Secretary Pete Buttigieg, arguing that DOT’s cannabis testing rules were contributing to supply-chain problems. Plenty of workers have lost jobs — or the chance at one — because of the DOT’s marijuana policy, feeding a driver shortage that’s affected the movement of essential goods. Buttigieg ran on a pro-legalization platform during his 2020 presidential campaign, but that stance has yet to show up in DOT’s actual cannabis policy.
The Private Sector Is Taking a More Relaxed Approach
While federal agencies work out where they stand on marijuana, private employers are having an easier time of it. Backed by favorable state laws, more businesses are letting employees use cannabis off the clock — a sign that companies increasingly see the broader shift in social attitudes toward marijuana as bigger than anything they can control.
