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FBI Policy On CBD Use By Agents Is ‘Under Review’

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The Federal Bureau of Investigation (FBI) is apparently looking into changing internal policy when it comes to the use of CBD products by its agents and other employees, the agency said on Tuesday.

While workers are prohibited from using marijuana—and applicants can be disqualified for consuming cannabis within the past three years—it seems FBI is open to loosening rules for the non-intoxicating cannabis compound, which has become more widely available since hemp was federally legalized under the 2018 Farm Bill, creating a massive market for its derivatives.

During a Q&A on Twitter, FBI’s Newark office was asked two marijuana-related questions. One person wanted to know why the agency says “you cannot use marijuana within 3 years of applying, even with a medical card/prescription.”

“The policy regarding CBD oil is currently under review,” FBI replied. “Check the other eligibility requirements.”

The overall thread was about questions people had about the process of becoming a special agent, so it’s not clear if the CBD policy is being reevaluated for applicants only regarding past use, or if any change would cover active agents as well. Marijuana Moment reached out to FBI and its Newark division for clarification, but representatives did not respond by the time of publication.

Another person asked whether the three-year cannabis abstinence requirement applies to positions other than special agents and FBI said: “Yes, that policy applies to all positions within the FBI.”

The simple fact that FBI fielded multiple marijuana questions while promoting recruitment seems to speak to a point that the agency’s former director, James Comey, made in 2014. He suggested that he wanted to loosen the agency’s employment policies as it concerns marijuana, as potential skilled workers were being passed over due to the requirement.

“I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” he said at the time.

Last year, FBI said it wanted the public to send tips on illicit activity in state-legal marijuana markets, stating that restrictive licensing policies could open the door to corruption.

While FBI’s CBD policy is in review, other federal agencies—particularly for within the military—have strongly discouraged or outright banned its use.

The Department of Defense made clear that CBD is off limits for service members.

The Air Force issued a notice last year stipulating that its members are prohibited from using the compound.

The Navy told its ranks that they’re barred from using CBD regardless of its legal status.

And the Coast Guard said last year that sailors can’t use marijuana or visit state-legal dispensaries.

Meanwhile, NASA said that CBD products could contain unauthorized THC concentrations that could jeopardize jobs if employees fail a drug test.

The Substance Abuse and Mental Health Services Administration issued guidance to federal agency drug program coordinators last year, expressing concern about excess THC in CBD products, which seems to have prompted the various departments to clarify their rules.

The Department of Transportation took a different approach in February, stating in a notice that it would not be testing drivers for CBD.

While much of the CBD found in markets across the U.S. is largely unregulated, as the Food and Drug Administration is in the process of developing rules for the compound, a CBD-based prescription medication for epilepsy was entirely removed from the Controlled Substances Act this week, which should lead to easier access for patients.

People Could Still Be Denied These Jobs Over Marijuana Use Under New York City Drug Testing Exemptions

Photo by Kimzy Nanney.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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