DEA Doubles Down On Firing Of Special Agent Who Legally Used Hemp-Derived CBD Oil

The case around the DEA's decision to terminate the employment of a special agent in 2020 after testing positive for THC is heating up, reported Marijuana Moment’s Kyle Jaeger.

Anthony Armour, who served in the agency for 16 years as a special agent, sued the DEA in federal court in May. His defense claimed 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 unjustified.

But in its recent response brief to the U.S. Court of Appeals for the Federal Circuit, the agency said Armour's assertions lack validity and wrongly encourage the court to disregard long-standing federal drug policies and reassess the evidence in defiance of the standard of review.

What Happened

In 2019, Anthony Armour was sacked even though he provided the agency with the 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.

At the time, Armour's attorneys stressed several reasons why their request was 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.

DEA Is Not Backing Off

The agency said in the new brief that the crucial sensitivity of his role within their organization meant that "there is a genuine nexus between his removal for using illegal drugs and the efficiency of the service."

The DEA recognized that Armour might not have intended to use an illegal substance but emphasized that his knowledge of even minimal levels of THC in the product made his consumption "reckless" and justified his dismissal.

Meanwhile, the DEA was recently called by a top official at the Department of Health and Human Services to reclassify marijuana as a Schedule III drug under the Controlled Substances Act.

Assistant Secretary for Health Rachel Levine said in the letter to DEA's administrator Anne Milgram that her recommendation was based on a Food and Drug Administration review of marijuana's classification, as promised following President Biden's October pardon of federal offenses of simple possession.

Biden asked the HHS secretary and the U.S. Attorney General to review how marijuana is scheduled under federal law.

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