OPM Memo States Marijuana is Not a Disqualifier for Federal Employment

A February 25, 2021 OPM memo announced that candidates for federal employment should not be barred from federal employment on the sole basis of marijuana usage.

The memo states, “Fifteen states and the District of Columbia have removed criminal prohibitions on medical and recreational marijuana use by adults age 21 or older, and an additional 33 states permit medical use of marijuana or of the cannabis-derived compound cannabidiol (CBD).”

Federal law on marijuana, however, remains unchanged, and the memo cautions federal employees against using prohibited substances.

The memo notes the continued enforcement of the Drug-Free Federal Workplace executive order, which requires federal employees to refrain from using illegal drugs and states that those who use illegal drugs can be removed from their positions for violating federal law. The new memo does not overrule the Drug-Free Federal Workplace executive order, but rather encourages agencies to evaluate applicants on a number of different factors to make suitability determinations.

The memo applies to both new applicants and incumbents in the federal government.

Factors agencies are instructed to consider when making determinations about a candidate’s suitability for a position include: the nature of the position for which the person is applying or in which the person is employed; the nature and seriousness of the conduct; the circumstances surrounding the conduct; the recency of the conduct; the age of the person at the time of the conduct; contributing societal conditions; and the absence or presence of rehabilitation or efforts toward rehabilitation.

Even with this expansion of leniency by the federal government, the memo reminds, “Heads of agencies are expected to continue advising their workforce that legislative changes by some states and the District of Columbia do not alter federal law or executive branch policies regarding a drug-free workplace. An individual’s disregard of federal law pertaining to marijuana while employed by the Federal government remains relevant and may lead to disciplinary action.”