"Serving those who serve in government"
Call now for a free consultation 888-351-0424

Fed employees: Beware fed-state law conflict on marijuana

As many readers are likely aware, the state of Texas recently joined the ranks of several other states allowing the use of medical marijuana. The law is limited in its application but, as was widely reported back in May, the governor did sign the bill. It only is available for Texans with a certain type of epilepsy, and the marijuana product that is prescribed has to be very low in the psychoactive chemical usually found in cannabis.

It should be noted that the law does not do anything to open the door to the recreational use of marijuana. That is something that has happened in only a few states and the District of Columbia so far. And at about the same time as the Texas bill was signed into law, the Office of Personnel Management reaffirmed its position that federal employees should not use it.

A memo issued late in May stresses that federal law identifying marijuana as a controlled substance remains unchanged. It also reinforces that use of illegal drugs by federal workers, whether on or off duty, is considered "contrary to the efficiency of the service." And that means that a federal employee could find him or herself facing discipline or removal.

Some might be inclined to think that if the law in a particular state where they work allows for the medical or recreational use of marijuana that the law should apply to all individuals. But as logical as that might seem to be, the memo of May makes clear that it may not be the case where keeping your federal employment is concerned.

If you become the focus of an employee investigation into alleged misconduct related to the use of even medical marijuana, it is clear you shouldn't dismiss the matter lightly. For the protection of your rights and your job, consult an experienced attorney early.

No Comments

Leave a comment
Comment Information
American Bar Association Logo Best Attorneys Online Logo Elite Lawyers 2017 Logo Lead Counsel Rated Logo The New York Times Logo Avvo Rating 10 Logo State Bar of Texas Logo CNN Elite Lawyers 2018 Logo

We Understand That Your Federal Career Is On The Line
We offer a free consultation, and our fee structures are designed to meet your needs.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.

Back To Top