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Legalized pot? Not for federal employees.

Feds - F*ck the 10th Amendment, we ain't going to let it get in the way of our "War on Drugs"

Many legal experts say all Federal laws making drugs illegal are unconstitutional per the 10th Amendment which says:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Legalized pot? Not for federal employees.

By Lisa Rein May 27 at 1:15 PM

If you live in the District or one of the 23 states that have legalized marijuana, think twice before lighting a joint if you work for the federal government:

Pot is still illegal for you.

New guidance from the Office of Personnel Management on Wednesday is unambiguous and stern. Federal workforce rules remain unchanged for the roughly 4.1 million federal employees and military personnel across the U.S. The feds still consider marijuana an illegal drug, and possessing or using it is a crime.

“Heads of agencies are expected to advise their workforce 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 Director Katherine Archuleta wrote in a memo posted on the agency Web site.

The District and 23 states have authorized adult use of medical marijuana. Of those, four states — Colorado, Washington, Alaska and Oregon — and D.C. also allow recreational use.

Archuleta said these changes, a mix of ballot measures and laws passed by legislatures, have “raised questions” about whether federal employees in these areas are safe to smoke, although it is unclear what prompted her memorandum to executive departments and agencies now.

Marijuana became legal in the District, for example, in February, allowing anyone 21 and older to possess up to 2 ounces of pot, although the drug is still prohibited on federally administered properties such as the National Mall, Rock Creek Park and even public housing.

In other words, the 1986 executive order from President Ronald Reagan requiring the federal workplace and workforce to be drug-free remains in place, applying to medicinal as well as recreational use of marijuana.

The law makes “knowing or intentional” marijuana possession illegal for federal employees, even if they do not intend to manufacture, distribute or dispense it. Here’s a relevant part of the order:

“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 Executive Order emphasizes, however, that discipline is not required for employees who voluntarily seek counseling or rehabilitation and thereafter refrain from using illegal drugs.”

Marijuana use also can be a basis for firing in some situations, Archuleta wrote.

The order requires the federal workplace and workforce to be drug-free. It includes especially strict rules for personnel who either hold security clearances or apply for them.

The 1986 directive “expressly states that use of illegal drugs on or off duty by federal employees in positions with access to sensitive information may pose a serious risk to national security and is inconsistent with the trust placed in such employees as servants of the public.”

Most random and routine drug testing within the federal workforce occurs with jobs related to national security and law enforcement, while other employees are generally tested only when supervisors have reasonable suspicion that they’re using drugs at work.

Practically, the government may have a hard time enforcing its rules for other employees, since many agencies do not give them regular drug-tests.

Even outside the federal workforce, the U.S. government has refused to relax its marijuana regulations. For instance, medical pot has been legal in the District of Columbia and several states for years, but the Department of Veterans Affairs will not prescribe the drug or complete paperwork for patients to enroll in state marijuana programs, despite heavy lobbying from veterans suffering from post-traumatic stress and physical pain.

Archuleta’s memo does note that the federal government offers prevention, treatment and rehabilitation programs for civilian employees with drug problems.

Lisa Rein covers the federal workforce and issues that concern the management of government.

Source

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

From: Katherine Archuleta Director

Subject: Federal Laws and Policies Prohibiting Marijuana Use

Recently, several states and the District of Columbia have decriminalized the use of marijuana, allowing the use of marijuana for medicinal purposes and/or for limited recreational use. These changes to state law have raised questions about whether Federal employees in these jurisdictions may use marijuana as provided for in state law. As the Director of the U.S. Office of Personnel Management (OPM) and Suitability Executive Agent, I am responsible for issuing standards and guidance to agencies to ensure that appropriate suitability determinations are made for positions covered by the suitability regulations in title 5, Code of Federal Regulations, part 731 (5 C.F.R. part 731). I am also responsible for issuing guidance to agencies on maintaining a Drug-Free Federal Workplace. The purpose of this memorandum is to set out guidance in these areas.

Federal law on marijuana remains unchanged. Marijuana is categorized as a controlled substance under Schedule I of the Controlled Substance Act. Thus knowing or intentional marijuana possession is illegal, even if an individual has no intent to manufacture, distribute, or dispense marijuana. 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 Executive Order emphasizes, however, that discipline is not required for employees who voluntarily seek counseling or rehabilitation and thereafter refrain from using illegal drugs.

Involvement with marijuana may be considered when agencies make suitability determinations for covered positions under 5 C.F.R. part 731. Drug involvement 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. However, the individual’s conduct must be evaluated on a case-by-case basis.

Under 5 C.F.R. 731.202(b)(2), criminal conduct — including a violation of the Controlled Substances Act — may be the basis for an unfavorable suitability determination. In determining whether employment of an individual with a history of criminal conduct related to that individual’s possession of marijuana will protect the integrity or promote the efficiency of the service, the following considerations under 5 CFR 731.202(c) will always be relevant and should be taken into account: (i) the nature and seriousness of the conduct, (ii) the circumstances surrounding the conduct, and (iii) contributing societal conditions.

Under 5 C.F.R. 731.202(b)(6), illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation may also be the basis for an unfavorable suitability determination. However, the focus of this factor 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.

Heads of agencies are expected to advise their workforce 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. An individual’s disregard of Federal law pertaining to marijuana remains adjudicatively relevant to suitability determinations and relevant for disciplinary actions. Similar guidance regarding national security guidelines was provided by the Security Executive Agent to agency heads on October 25, 2014. This guidance is attached for your information.

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. OPM is responsible for developing and maintaining guidance and policy for agencies related to these programs, in cooperation with the Secretary of Health and Human Services and other relevant agencies. Federal agencies must establish and maintain such programs to assist employees with these problems, consistent with 5 C.F.R. 792.105.

Agencies may direct questions pertaining to this memorandum as follows:

Suitability Regulations: employ@opm.gov

Misconduct and Disciplinary Actions: plr@opm.gov

Drug-Free Federal Workplace Guidance: worklife@opm.gov

Background Investigations Policy: FISPolicy@opm.gov

Employees should contact their agency human resources offices for assistance.

Attachment: http://www.chcoc.gov/files/ODNI-policy-guidance-adherence-to-federal-laws-prohibiting-marijuana-use.pdf

cc: Chief Human Capital Officers, and Human Resources Directors