Recent State Initiatives on “Recreational” Marijuana Use.  A number of states have recently passed initiatives that permit the use of marijuana for “recreational” purposes. Title 10 Code of Federal Regulations, part 707 (10 CFR part 707), Workplace Substance Abuse Program at DOE Sites, requires DOE contractors to develop a written workplace substance abuse program that is consistent with the Department of Health and Human Service’s Mandatory Guidelines and the rule.

The Mandatory Guidelines identify marijuana as a Schedule I drug under the Controlled Substance Act. As such, all DOE contractors covered by 10 CFR 707 will continue to be tested for marijuana at the established cut off levels noted in the Mandatory Guidelines. Therefore, any use of marijuana is illegal under federal law, regardless of state law.