A former DEA agent is suing in federal court after getting fired following a drug screening test that showed positive for a THC metabolite. His defense is claiming that the THC in his system was hemp-derived CBD oil he used for pain relief - an entirely legitimate product - and that his firing was therefore unjustified.
What Happened
In 2019, Anthony Armour, who had 15 years on the job as a special agent, was sacked even though he handed out the agency products in question, with two of the three testing for less than 0.3 percent THC by dry weight and the third one slightly above the limit but in line with the +/- 0.8% scientific margin of uncertainty, reported Marijuana Moment.
The move comes on the heels of news that the agency would soon release a change in the classification of certain hemp-derived cannabinoids.
Armour's attorneys stressed several reasons why their request is justified, citing a lack of “substantial evidence” proving his use and possession of an illegal substance and “no nexus between Armour’s conduct” and the agency’s enforcement mission, to name a few.
The lawsuit was submitted on Friday before the U.S. Court of Appeals for the Federal Circuit.
The attorneys also stressed that “the penalty of removal is not reasonably tolerable,” considering he was a diligent employee who had worked on the “frontlines of this country’s fight against the opioid epidemic.”
2018 Farm Bill
The Hemp Farming Act of 2018 legalized industrial hemp with a THC concentration of no more than 0.3% by removing it from Schedule I of the Controlled Substances Act.
“For Armour and many others in this country, this change meant new opportunities—particularly as to CBD, a non-THC cannabinoid in the cannabis plant,” the filing noted. “Armour hoped CBD oils could play a role in his pain management. That he did is unsurprising. From Martha Stewart to Wrigley Field, CBD has become embedded in American culture.”
Image courtesy of @DEAHQ
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