In the US, some states have validated the use of medical marijuana. As a result, 3.6 million patients use the drug for therapeutic purposes with over USD 5.3 billion market size (as of 2020). However, the same is not applicable under federal law. This means if you hold a medical marijuana card, you may be denied your employment as a federal contractor. Similarly, if you work for the government and test positive for marijuana, you may get terminated. 

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Note that this is even applicable in the states where marijuana is legal. As per the Federal Controlled Substances Act, marijuana is a Schedule 1 illegal drug. Thus, being a federal contractor, it is completely prohibited to employ them by any means. So, let’s know about the federal contractor drug testing requirements along with other factors in detail: 

Federal Contractor Drug Testing Requirements

It’s important for federal contractors to follow the drug-free workplace policy. As per the drug-free workplace act (1988), a drug-free workplace policy is mandated for the organization receiving:

• Contract greater than $100,000
• A federal grant of any amount

The qualified organization should meet the below rules. Keep these things in mind if you want to establish a government contracting business in the USA.

• Create a formal drug-free workplace policy statement that forbids the use, distribution, and manufacturing of illicit substances. Also, ensure spreading these statements to the employees and mention the effects of breaching the policy. 
• Initiate drug-free awareness programs to highlight the consequences and after-effects of such substances. Also, familiarize the employees with the organization’s drug-free workplace policy thoroughly. In addition, inform them about rehabilitation, EAPs (employee assistance program), and counseling programs to retain such instances. 
• Make sure that the employees comprehend the commitment to personal reporting. Also, as per Drug-Free Workplace Act, they should inform the organization about any sentencing to a criminal drug violation. Moreover, this is obligatory to notify within five calendar days.
• Employers should inform the federal contracting agency about the violation of an employee. They have ten days to report the same. 
• Take action measures against the employee due to workplace drug violations. Also, the measures may include rehabilitation programs, counseling programs, or a penalty.
• Give efforts to meet the regulations of the Drug-free Workplace Act during the contract. The organizations must speak about the objectives and measures for enduring a drug-free workplace. In addition, if they fail to act as per the terms of the Drug-Free Workplace Act, they may get charged with contract penalties or suspension. Also, they may be denied any application for future government funding.

Changes in Drug Testing Guidelines for Federal Workforce

As government contract spending reached a record high, you must be thinking of establishing a business too. Before that, make sure to familiarize yourself with the changes in drug testing guidelines for the federal workforce. Moreover, SAMHSA revised the guidelines (2004) for drug testing and came up with the following changes:  

• It’s important for the organization to conduct lab testing for hair, oral fluid, and urine specimens. They test it to rule out the use of cocaine, marijuana, opiates, phencyclidine, and amphetamines.

• On-site and point-of-collection tests became permissible for urine and oral fluid tests. 

• Use of IIFTS or Instrumented Initial Test Facilities became permissible to recognize negative specimens.

• Training for on-site testers, collectors, and medical review officers was established. 

Some other additions as per 2017 guidelines revision include:

• The Federal agency should collect alternative specimens if the urine sample seems inadequate. 

• In addition, organizations are allowed to test employees for other substances like hydrocodone, oxycodone, oxymorphone, and hydromorphone.

• The pH requirements for tampered urines changed from 3 to 4. 

• There was an addition of requalification requirements for medical review officers.

Additionally, the guidelines also included both technical and scientific rules for federal workplace drug testing programs. Also, it featured the certification standards for the testing laboratories. The guidelines involved:

• Certification requirements for Instrumented Initial Test Facilities (IITF)

• Standards and importance of collectors and medical review officers

• Testing and collection of urine specimens

Requirements/Necessities for Testing

The drug testing requirements include the following: 

• Specimen collection processes
• Analytical testing processes
• Custody and control processes
• Concentrations for both initial and confirmatory tests
• Laboratory certification
• Assessing any other medical reason if the test comes positive
• Result review and reporting

Conclusion

So to answer the question, yes, the government may deny you of a federal contract job if you have an MMC. Moreover, it’s not permissible to use such substances, regardless of the reasons. Besides, both organizations and their employees should follow these federal contractor drug testing requirements for a drug-free workforce.

Additionally, a good federal contractor should be flexible, a fast learner, and humble. Hopefully, the article cleared all your doubts regarding the matter.