President Donald J. Trump's Administration has recently indicated it may reclassify marijuana from a Schedule I drug to a Schedule III drug in the near future. Does that mean marijuana use would be legal for all, no matter whether your state has “legalized” marijuana, or who you work for? The short answer is “no.”
It gets a little more complicated for federal employees versus private employees as well as security clearance holders who live and work in states where marijuana is legal at the state level. So, the question of whether federal employees may freely imbibe in marijuana, so-called “edibles,” or other forms of the drug without facing repercussions, remains the same, whether marijuana is classified as a Schedule 1 or Schedule III drug, and even if it's “legal” in your state.
The bottom line is, don't do it if you want to ensure your job, particularly your federal job, and your security clearance if you have one or plan to apply for one, remains safe. Here's why.
‘Rescheduling' of Marijuana: What it Means
First off, a common misperception about rescheduling marijuana from Schedule I to Schedule III is that it would instantly make both prescription marijuana and recreational marijuana available in every state. Rescheduling a drug does not automatically result in legalization across the board.
Rescheduling would merely smooth the path for marijuana and more marijuana-derived medications to enter the Food and Drug Administration's (FDA) pipeline, potentially expanding treatment options over time. Schedule III substances may be prescribed, but only after clearing the FDA's rigorous approval process for safety, effectiveness, and manufacturing standards. Currently, just a few cannabis-based medicines for certain seizure disorders and synthetic THC products have gained FDA approval.
The Department of Health and Human Services currently groups marijuana in its highest classification group — Schedule 1 — the category which also includes heroin, LSD, and ecstasy. While cocaine, a universally accepted more dangerous drug than marijuana, is a Schedule II drug. Many federal employees are currently subject to drug testing and are not protected under their state labor or cannabis laws.
Drugs, substances, and certain chemicals used to make drugs are classified into five categories or “schedules,” depending upon the drug's acceptable medical use and the drug's abuse or dependency potential, according to the U.S. Drug Enforcement Administration (DEA). In addition, the abuse rate is a determinate factor in the scheduling of a particular drug. For example, Schedule I drugs tend to have a high potential for abuse and the potential to create severe psychological and/or physical dependence, according to the DEA.
What Does Rescheduling Marijuana Mean for Federal Employees in States Where It's Legal?
Although medical and/or adult recreational use of marijuana is legal in several states, it remains illegal at the federal level because it is still currently classified as a Schedule 1 drug.
It is important to note that the reclassification, or rescheduling marijuana to a Schedule III drug would not legalize it outright for recreational use. Instead, marijuana would be moved alongside ketamine and some anabolic steroids. Schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic them without permission can still face federal criminal prosecution.
Schedule I through Schedule III drugs are still technically considered controlled substances and obviously, federal employees can't appear at work under the influence of something without a prescription.
However, prior marijuana use wouldn't be an “automatic” disqualification from federal employment like other Schedule I drugs — including LSD and ecstasy — but agencies will likely retain strict rules about marijuana use.
Marijuana, even as a potential Schedule III drug, would still technically be considered federally illegal, and it doesn't even matter if somebody's employed by the federal government in California or Colorado or New York, or anywhere in between.
Therefore, federal employees will likely remain subject to drug testing and are not protected under their state labor or cannabis laws. However, Trump has indicated that while it is “time to end needless arrests and incarcerations of adults for small amounts of marijuana for personal use,” smart regulations should be implemented, while at the same time providing access for adults, to safe, tested product.
Marijuana Use: Repercussions for Federal Employees, Security Clearance Holders
Could federal employees still face repercussions from the federal government as their employer if they use the drug if it is still illegal at the federal level even after a potential schedule change?
The answer is “yes.” While marijuana's potential change in classification likely won't change the fact that, if you are a federal employee, if you have a security clearance, or are intending to apply for one, indulging in recreational marijuana likely will remain illegal for your purposes.
What Rescheduling Marijuana Means for Security Clearance Holders
Even if classified as a Schedule III drug, a history of marijuana use could still have a significant impact on security clearance holders, because it would remain illegal on a federal level.
Many individuals who apply for a security clearance can be denied for a multitude of reasons, including drug involvement — such as marijuana use — whether it is legal or not in the state in which they live. Likewise, many who currently maintain a security clearance can have it revoked for the same reason.
Therefore, as it stands — even if marijuana is reclassified as a Schedule III drug — although your state may legalize certain drugs or the federal government may change a drug status category allowing for additional medicinal use, your involvement as either a federal employee and/or a federal contractor with a security clearance with marijuana could still trigger a violation of Security Clearance Adjudicate Guideline H (Drug Involvement), resulting in either the denial or revocation of a security clearance. Medicinal marijuana may be permissible with a valid prescription.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
