In most ways, CBD is just as legal for federal employees as it is for everyone else. The federal government has a strict zero-tolerance policy when it comes to its employees using illicit drugs, however, which could get you into trouble if you use full-spectrum CBD products. The problem there is THC, however, not CBD — all of which we’ll explain throughout this comprehensive guide to federal employees using CBD safely, legally, and (perhaps most importantly) without getting fired.
Understanding CBD
To properly understand the legality of CBD for federal employees, it’s important to look at both how CBD is different from THC and any federal employment laws or regulations relevant to the subject. At the federal level, CBD and THC are viewed as different substances, a legal fact in the United States that has been established by a few different pieces of legislation along with subsequent regulatory clarification. Let’s dive in, starting with how CBD and THC are different according to chemistry.
CBD vs. THC
Tetrahydrocannabinol, more commonly known as THC, is the primary intoxicating cannabinoid in the cannabis plant. It is federally illegal and has potent psychoactive effects.
Cannabidiol (CBD), on the other hand, does not have any intoxicating effects — even though it appears to offer even more therapeutic potential than THC. CBD has been firmly established as legal within the United States of America.
Federal Laws on CBD
For federal employees, the primary distinguishing factor between CBD and THC is the legality of each substance. To better understand this somewhat complex subject, we will look at both the latest federal legislation along with attempted clarification made by regulatory organizations.
2018 Farm Bill
The 2018 Farm Bill built upon a 2014 bill of a similar nature to establish “industrial hemp” as a legal substance in the United States. The official definition of “industrial hemp” is Cannabis sativa containing less than 0.3% tetrahydrocannabinol. Industrial hemp products are not considered marijuana at the federal level. For federal workers, though, any amount of THC is too much.
FDA Stance
Despite initial pushback against allowing the substance into the mainstream, the FDA now mainly supports the CBD industry and simply works to keep CBD products clean and free of both contaminants and illegal marketing terminology. On the FDA’s website, for instance, you can find a long list of CBD companies that made claims regarding CBD’s medical benefits. Aside from enforcing existing codes, the FDA no longer has much impact on the American CBD industry.
DEA Classification
Mainly to make room for the synthetic CBD pharmaceutical drug Epidiolex, the DEA moved in 2018 to reschedule CBD products to Schedule V, the lowest drug enforcement level allowable by the 1970 Controlled Substances Act. However, this scheduling only applies to officially approved CBD pharmaceutical drugs. The DEA’s stance on all other CBD products remains unclear, defaulting to the 2018 Farm Bill which establishes CBD as a legal substance.
Is CBD Oil Legal?
For all intents and purposes, CBD is a legal substance. In the United States and many other countries, a substance can be firmly regulated and still be legal, though. From alcohol to tobacco to ammunition, examples abound, and certain restrictions also apply to CBD products — mostly only if you’re a federal employee.
Can Federal Employees Use CBD & Not Get Fired?
Yes, it’s certainly possible for federal employees to use CBD products without getting fired or worrying about losing their job in any way. All you need to do is make absolutely sure the CBD products you choose do not contain even the slightest detectable hint of THC.
Legality of CBD for Federal Employees
CBD itself is just as legal for federal employees as it is for anyone else. THC use, however, carries a much heavier burden of punishment for federal employees than it does for the average citizen. In addition to potentially facing charges for marijuana possession, federal employees also must be stripped of their positions if it is proven they have used illegal drugs.
Agency-Specific Policies
Different federal agencies, such as the FBI, NSA, and Homeland Security, may have slightly different positions on CBD and THC use. However, the federal government’s perspective on THC use will not be particularly lenient regardless of which agency you work for. Check the CBD or cannabis use page provided by your specific agency for more details.
Workplace Drug Testing
Federal employees are subject to drug testing at various rates of frequency throughout the year. Some agencies, for instance, may require testing on a monthly basis while others may only administer drug tests infrequently or at random.
Drug testing policies may also vary depending on your position or seniority within your particular federal agency. For all federal workers, however, workplace drug testing is a serious concern that can become even more serious if there’s any chance THC is present in your system.
Is It Illegal to Fire a Federal Employee for Using CBD?
Since CBD is generally considered to be a legal substance, there wouldn’t be much of a case for firing a federal employee just for CBD use. All the cases that have made the news in recent years regarding federal employees getting fired for CBD, however, have actually involved the presence of THC as well, not just CBD.
That’s because many CBD products contain up to the federal legal limit of 0.3% THC. Whether knowingly or unknowingly, federal workers have used these products and then tested positive for THC, often losing their jobs as a result. A qualified attorney can tell you more if you feel you have been wrongfully terminated from a federal position only for using CBD.
Potential Consequences for Federal Employees Taking CBD
The most likely consequence of a federal employee testing positive for THC after using a CBD product is losing your job. Under certain circumstances, however, legal consequences may also come to the fore.
Employment Risks
As a federal employee, it is against the contract of your employment to use any substance the federal government has determined as illegal. As a result, you should expect to lose your job if your employer determines that your body contains the illegal drug THC, which is present in some CBD products.
Legal Implications
If it can be proven that you knowingly took THC products or were intoxicated on THC while fulfilling your duties as a federal employee, you could face a federal lawsuit after you have been terminated from your position. In the case that you accidentally ingested THC by using the wrong CBD product, however, legal ramifications are extremely unlikely.
Does CBD Show Up On a Drug Test?
CBD itself is not usually included in drug tests. What shows up when you take a drug test after using CBD is any THC that may have also been present in that CBD product. So, when someone says they lost their job due to a positive drug test for CBD, what they really mean is that THC was detected in their biosample.
How to Safely Take CBD for Federal Employees
The only way for federal workers to take CBD without there being any risk of losing their jobs is to choose CBD products that are guaranteed not to contain any THC whatsoever. Overall, there are two types of CBD products at your disposal, with one option being considerably better than the other:
Broad Spectrum CBD Products
Broad-spectrum CBD is the same thing as full-spectrum CBD, just with the THC entirely removed. This means it has the same potential to offer the entourage effect as full-spectrum CBD extract, making it more effective than isolate CBD.
CBD Isolate
Before broad-spectrum CBD was available, your only option for CBD without THC was isolate CBD, which consists entirely of the CBD molecule. Any chance of enjoying the synergy between cannabis components known as the entourage effect is lost, and CBD is rendered considerably less potent than it would be normally. Isolate CBD has mostly gone out of vogue now that broad-spectrum extract is an option.
Frequently Asked Questions from Government Employees
Is CBD Illegal Under Federal Law?
No, CBD is not illegal or banned in any way in the United States. The only time CBD can become illegal is when it contains THC, a problem that is solved with broad-spectrum CBD products.
Why Can’t Federal Employees Use CBD?
Actually, federal employees can use CBD. They just can’t use any CBD products that contain even a trace of THC since THC use is an instantly fireable offense for employees of federal agencies.
Can Federal Employees Take CBN?
Yes, there should be no issue with federal employees taking the cannabinoid cannabinol (CBN) as long as the CBN products they take do not contain any THC. Like CBD, CBN is non-intoxicating and is also considered industrial hemp at the federal level
Can Federal Employees Take Delta-8 THC?
No federal employees cannot take Delta 8 THC. The delta 8 and delta 9 forms of THC are similar enough to be mixed up in drug testing, and in any case, delta 8 THC does not share the same protected status as CBD on the federal level.
Conclusion: Taking CBD as a Federal Employee
If you choose to use CBD gummies as a federal employee, just be smart and choose a type of CBD product that won’t lose you your job. These days, broad-spectrum CBD products provide the alternative sorely needed by federal employees who simply want to enjoy CBD like the rest of us.
A quick word in parting: Don’t just trust CBD companies when they say their products contain 0% THC or are “THC-free.” Check the third-party lab reports the company commissions as well. If the reading under “THC” or “∆9” is “0%,” you’re good to go! Prepare to enjoy CBD responsibly and safely as a proud employee of the United States federal government.
