On Aug. 22, the U.S. Forest Service Human Resources published a notice to remind employees that cannabis consumption is not allowed, even if they live in a state where it’s legal.

“Several states now allow recreational and or medicinal use of marijuana. However, marijuana is still an illegal drug per federal law,” the notice said. “All Forest Service employees must remain drug-free and refrain from illegal drug use whether on or off duty regardless of state laws. There have been no changes to the panel of drugs contained in the list of Schedule I drugs under the Controlled Substance Act.”

This notice included the latest rules regarding drug testing protocol. First, it warned that any employee can be subjected to drug testing for cannabis if there is “reasonable suspicion” that they have been consuming. Employers whose positions are designated as Test Designated Positions, (TDPs), will be subject to drug testing. “Test Designated Positions generally carry safety or security responsibilities tied to the Forest Service mission. Job functions associated with TDPs relate to public health and safety, the protection of life and property, law enforcement, or national security.”

Finally, should an employee test positive for either cannabis or any other illegal substance they “will be subject to mandatory administrative actions per DR 4430-792-2, Drug-Free Workplace Program, which includes discipline up to removal for the first finding of illegal drug use.”

Although CBD was legalized nationwide through the 2018 Farm Bill, the U.S. Forest Service’s notice states that it is also off limits. “[CBD] can be inaccurately labeled as having no to low levels of Tetrahydrocannabinol, and yet actually contain high levels. If you use CBD, you could test positive for illegal drug use.”

U.S. Forest Service workers are responsible for the removal of illegal cannabis plants on national forest land and any cleanup. A U.S. Department of Agriculture report in 2018 stated that these sites had not been properly cleaned up.

“We performed onsite inspections of eight marijuana grow sites that were eradicated in FYs 2014- 2016 in California and two marijuana grow sites in Daniel Boone National Forest in Kentucky,” the report states. “Hazardous materials were present at seven of the eight grow sites in California, and infrastructure such as irrigation piping, trash, or equipment were found at all eight sites. The hazardous material and infrastructure were still present several years after eradication for some of the grow sites.”

According to a July 2019 study, legal marijuana can help reduce illegal cannabis production in the national forests. “Arguably, our models hint that outright, national recreational cannabis legalization would be one means by which illegal grows on national forests could be made to disappear,” the researchers wrote. The researchers also expressed their conviction that illegal cannabis cultivation on federal land is driven by taxes.

Additional agencies across the U.S. update or repeat current cannabis regulations for their employees. Data from August showed that cannabis was consumed by commercial truck drivers more than any other substance. However in May 2022, the U.S Department of Transportation shared that 10,276 commercial truck drivers tested positive for cannabis, and this violation of the department’s rules contributed to a nationwide shortage of drivers who couldn’t keep their jobs. Recently, in August, Federal Register draft rules warned commercial truck drivers’ medical examiners about the possibility that CBD might still contain THC. This is illegal. “A driver who uses marijuana cannot be physically qualified even if marijuana is legal in the State where the driver resides for recreational, medicinal, or religious use,” the rules stated.