Ask FELTG: Can a Federal employee be fired if she lives in the same house as someone who uses marijuana – even if the employee herself does not use it?

May 21, 2025

Under the Controlled Substances Act, marijuana is still illegal and therefore any Federal employee is prohibited from using or possessing it in any form. And pending rulemaking, which would move marijuana from Schedule I to Schedule III, would likely have no significant impact on Federal employees as it will still a be banned substance.

Many agencies also have regulations or policies that prohibit employee use or possession of marijuana. Consider the California-based GS-9 Forestry Technician whose husband grew and sold marijuana on their property in California, a state where it was legal for him to do so. While there was no evidence the employee actually used the marijuana herself, residing in a place where it was grown and sold was enough to violate agency policy and support her removal for conduct unbecoming. Avila v. USDA, SF-0752-17-0488-I-1 (May 16, 2024)(NP).

Keep in mind, however, that possession or even use of marijuana is not an automatic removal situation – the facts of the case and the agency’s Douglas assessment will ultimately determine the penalty. See Betha v. USPS, CH-0752-19-0116-I-2 (Jul. 5, 2023)(NP)(Despite the appellant being a high-level supervisor who gave several of her employees marijuana gummies, the Board mitigated her removal to a demotion because, among other things, she had 33 years of service and marijuana was legal in the state where she purchased it). [email protected]

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The information presented here is for informational purposes only and not for the purpose of providing legal advice. Contacting FELTG in any way/format does not create the existence of an attorney-client relationship. If you need legal advice, you should contact an attorney.