The OPM memo adds, however, that disciplinary action for drug use is not mandatory.
Under the drug-free workplace order, “the individual’s conduct must be evaluated on a case-by-case basis” and the order emphasizes that discipline is not required for employees who voluntarily seek counseling or rehabilitation and then refrain from using illegal drugs.
And in determining whether to continue employment of an individual with a criminal record related to that individual’s possession of marijuana, agencies should consider the nature and seriousness of the conduct, the circumstances surrounding the conduct, and contributing societal conditions, OPM said.
In suitability decisions, the focus “is not on whether the individual has been involved in conduct in violation of the Controlled Substances Act, i.e., possession, manufacturing, distributing or dispensing drugs or controlled substances. Rather, an unfavorable suitability determination citing this factor must establish that the individual illegally used the drug and has not been substantially rehabilitated from his or her use.”
It adds: “Lastly, it is important to note that it is also the policy of the federal government to offer appropriate prevention, treatment, and rehabilitation programs and services for federal civilian employees with drug problems . . . Federal agencies must establish and maintain such programs to assist employees with these problems.”
