Federal agencies must tell their employees that “legislative changes by some states and the District of Columbia do not alter federal law, existing suitability criteria, or Executive Branch policies regarding marijuana,” OPM said in a memo.
Certain jurisdiction have decriminalized marijuana, allowing its use for medicinal purposes and/or for limited recreational use, raising questions about whether federal employees in these jurisdictions may use marijuana as provided for in state law, it said. The answer, in short, is no.
“Federal law on marijuana remains unchanged. Marijuana is categorized as a controlled substance under Schedule I of the Controlled Substance Act . . . In addition, Executive Order 12564, Drug-Free Federal Workplace, mandates that (a) federal employees are required to refrain from the use of illegal drugs; (b) the use of illegal drugs by federal employees, whether on or off duty, is contrary to the efficiency of the service; and (c) persons who use illegal drugs are not suitable for federal employment,” the memo says.
Involvement with marijuana may be considered when agencies make suitability determinations since it”can raise questions about an individual’s reliability, judgment, and trustworthiness or ability or willingness to comply with laws, rules, and regulations, thus indicating his or her employment might not promote the efficiency or protect the integrity of the service.” Similarly, it says, criminal conduct — including a violation of the Controlled Substances Act — may be the basis for an unfavorable suitability determination.
The memo follows one issued last October by the Director of National Intelligence saying that similar considerations apply for new or continued eligibility for security clearances.
