In an after-election memo, SAMHSA (Substance Abuse and Mental Health Services) stated that federal workers will still undergo drug testing for controlled substances. This comes after a recent state-tier ballot vote to legalize marijuana while decriminalizing other drugs.
Ron Flegel (Workplace Programs’ Director at SAMHSA) wrote that several states had adjusted their Federal drug regulations in 2020’s election. However, he wants to reiterate that no changes have been to the drug testing group under DFWP (Drug-free Workplace Program).
In a brief notice sent to the federal department drug initiative coordinators, federal associates, and clinical review officers, Ron said that DFWP will still test for Schedule I and II controlled substances as outlined within the Mandatory Guidelines.
The department, which is in charge of state drug testing regulations and is part of the Health and Human Services Department, has advised departments about CBD in the past.
According to a July notice, SAMHSA stated a lack of decrees on hemp-based CBD products legalized by the 2018 Farm Bill. It further added that there’s a chance that they may have surplus THC concentrations, which could instigate marijuana drug tests.
This notice led to a plethora of state policy updates (from the Defense Department, Coast Guard, NASA, and so on) on non-high CBD’s use by employees. It’s uncertain whether the recent state-wide memo regarding marijuana election results will culminate in the formulation of new regulations at specific agencies.
With more states legalizing cannabis for recreational and medical purposes, the federal administration is expanding the drug testing procedures for marijuana and other controlled substances.
In September, SAMHSA launched a notice about proposed regulations to extend workplace drug-testing protocols by authorizing state employers to collect hair samples for illicit-substance analysis.
They stated that hair testing provides a glut of perks than urine testing, such as directly supervised collections, ease of storage and transit, a wider drug detection window, and improved specimen stability.