FACT BRIEF

Are US government employees allowed to use marijuana?

Thursday, March 25, 2021

By Stevie Rosignol-Cortez

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The Drug-Free Workplace Program, initiated with a 1986 executive order, established the goal of making federal agencies drug-free environments. The program requires federal employees to avoid using illegal drugs on or off-duty. Marijuana, which is illegal under federal laws, remains prohibited regardless of state laws that have legalized recreational or medical use, the Office of Personnel Management reiterated in a February 2021 memo.

Federal agencies are provided with detailed guidelines for testing employees, outlining processes and rights for affected employees.

Prior marijuana use does not necessarily exclude a person from being hired in some federal agencies under the Biden administration, as long as the employee does not use drugs during their federal employment.

This fact brief is responsive to conversations such as this one.

Sources

Substance Abuse and Mental Health Services Administration Background on federal drug-free workplace program

National Archives President Reagan’s 1986 order calling for drug-free federal workplaces

Office of Personnel Management Assessing suitability of applicants on basis of marijuana use

Substance Abuse and Mental Health Services Administration Drug testing

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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.