The Drug-Free Federal Workplace Program and Recreational Marijuana Laws

With some states making changes to their drug laws effective July 1, 2023, HHS would like to remind federal employees that there have been no changes to drug laws at the federal level.

Federal law still prohibits the use of marijuanafor federal employees and federal job applicants. Marijuana products, including cannabidiol (CBD), are classified as Schedule I controlled substances under the Controlled Substances Act and, thus, are illegal under federal law.

The panel of drugs being tested under the Drug-Free Federal Workplace Program (DFWP) remains unchanged. The DFWP (established under Executive Order 12564Public Law 100-71, and the Mandatory Guidelines for Federal Workplace Drug Testing Programs) will continue to operate in accordance with federal law, which identifies marijuana as a Schedule I controlled substance under the Controlled Substances Act.

As such, federal job applicants occupying testing designated positions and HHS employees will continue to be tested for marijuana at the established cut off levels listed in the Mandatory Guidelines.

For additional information, please see the marijuana memos on Substance Abuse and Mental Health Services Administration (SAMHSA) website:

Please contact your DFWP OpDiv/StaffDiv Drug Program Coordinator with any questions.

Source: HHS News