Agency drug policies/ATF/FBI Drug Policy

[ATF SAC]

This will either prove helpful or a flop. What I propose is that we begin to post our agency hiring policies as they relate to drugs. Be a nice reference for folks and maybe we and our agencies can see and learn something from it. Only rule I ask from persons participating is that you actually have a copy of a written policy or where there is none, cite actual practice that has been applied. Unfortunatley, more rumor and stories about what somebody thinks the policy might be than straight scoop so please check what you post out.

Here we go:

Bureau of Alcohol, Tobacco and Firearms -

POLICY FOR APPLICANTS THAT CARRY WEAPONS

a. An applicant for a position that carries a weapon may not have illegally used any Schedule I through Schedule V controlled substance during his/her lifetime. (Schedules I through V as defined in the Controlled Substances Act, 21 U.S.C., Section 812, include but are not limited to, cocaine, crack, lysergic acid diethylamide (LSD), amphetamines, methamphetamines, heroin, and anabolic steroids.) Although Schedule I includes marijuana, ATF’s drug policy on marijuana usage is set forth separately in subparagraph 5.b.

b. An applicant for a position that carries a weapon may not have illegally used marijuana within the past 3 years. An applicant for a position that carries a weapon may not have used marijuana since the age of 24. An applicant for a position that carries a weapon may not have used marijuana on more than ten (10) occasions during his/her lifetime. The various forms of marijuana include cannabis, hashish, hash oil, and tetrahydrocannabinol (THC) in both synthetic and natural forms.

c. An applicant for a position that carries a weapon may not have illegally used a controlled substance (including marijuana) while employed as a law enforcement officer or in a prosecutorial position or while employed in a position of public safety.

d. Except as provided in paragraph 5.b. above, an applicant for a position that carries a weapon may not have violated any provision of the Controlled Substances Act, including but not limited to, the illegal sale or manufacture of a controlled substance.

POLICY FOR APPLICANTS FOR POSITIONS THAT DO NOT CARRY WEAPONS.

a. Taking into consideration the position for which the applicant is applying, the nature, seriousness and circumstances surrounding the illegal drug usage, and the recency of the illegal drug usage, the agency has determined that an applicant for a position that does not carry a weapon may not have illegally used any controlled substance during the past 7 years. (Schedules I through V as defined in the Controlled Substances Act, 21 U.S.C., Section 812, include but are not limited to, cocaine, crack, lysergic acid diethylamide (LSD), amphetamines, methamphetamines, heroin, and illegal use of anabolic steroids.) Although Schedule I includes marijuana, ATF’s drug policy on marijuana usage is set forth separately in subparagraph 6.b.

b. An applicant for a position that does not carry a weapon may not have illegally used marijuana within the past 3 years. The various forms of marijuana include cannabis, hashish, hash oil, and tetrahydrocannabinol (THC) in both synthetic and natural forms.

c. An applicant for a position that does not carry a weapon may not have used a controlled substance while employed as a law enforcement officer or in a prosecutorial position or while employed in a position of public safety.

d. Except as provided in paragraphs 6.a & b. above, an applicant for a position that does not carry a weapon may not have violated any provision of the Controlled Substances Act, including but not limited to, the illegal sale or manufacture of controlled substances.

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[potatochip]

I'm not with Irvine PD, but I thought this information would be helpful when I came across it. I got this off their website and I have provided the link below.

http://www.ci.irvine.ca.us/ipd/employment/common_disqualifiers.asp


SUBSTANCE ABUSE
Will Disqualify:

Use of marijuana, hashish, or cocaine within the last 12 months.
Use of cocaine more than 5 times within the last 3 years.
Use of LSD or heroin at anytime.
Sale of marijuana, drugs, or narcotics at any time.

May Disqualify:

Knowingly remaining in place where narcotics were used.
Experimentation with barbiturates, amphetamines, or hallucinogenics, other than LSD.
Use of non-prescription steroids within the last 12 months.

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CRIMINAL OFFENSES

Will Disqualify:

Felony conviction.
On probation or parole.

May Disqualify:

Adult conviction for a property related offense.
Theft from any employer as an adult in excess of $100.00 (property or cash).
Sex act for which criminal prosecution would have resulted had the incident been reported.

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TRAFFIC RELATED

Will Disqualify:

Unable to obtain a valid California drivers license.
Unable to obtain motor vehicle insurance.
Conviction of 4 or more moving violations.
Revocation/suspension of drivers license within the past 3 years.
At fault in 3 traffic accidents within the last 5 years.

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POLYGRAPH EXAM

Will Disqualify:

Continued responses indicating deception on questions asked.

May Disqualify:

Withholding information from polygraph examiner.

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PSYCHOLOGICAL

Will Disqualify:

Failure to meet the standards as determined by the department psychologist (written and oral interview).

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MEDICAL

Will Disqualify:
Physically incapable of safely performing job duties pursuant to ADA regulations.


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GENERAL

Will Disqualify:

Falsification and/or omission of any data on personal history statement.
Untruthfulness to the background investigator.

May Disqualify:

Not U.S. citizen or resident alien having filed for citizenship within the last 12 months.
Inability to communicate with a variety of types of people as is expected of a police officer.
Unfavorable work history (discipline, firing, attendance problems, etc.).
Signs of immaturity from background investigator.

NOTE: This list is not all inclusive and other information or facts revealed in the detailed background investigation may also be sufficient to disqualify an applicant.

[ATF SAC]

FBI Employment Drug Policy

The FBI is firmly committed to a drug-free society and workplace. Therefore, the unlawful use of drugs by FBI employees will not be tolerated. Furthermore, applicants for employment with the FBI who currently are using illegal drugs will be found unsuitable for employment. The FBI does not condone any prior unlawful drug use by applicants. The FBI realizes, however, some otherwise qualified applicants may have used drugs at some point in their past. The following policy sets forth the criteria for determining whether any prior drug use makes an applicant unsuitable for employment, balancing the needs of the FBI to maintain a drug-free workplace and the public integrity necessary to accomplish its law enforcement mission. Applicants who do not meet these criteria should not apply for the Special Agent position.

CRITERIA

A. An applicant who has used any illegal drug while employed in any law enforcement or prosecutorial position, or while employed in a position which carries with it a high level of responsibility or public trust, will be found unsuitable for employment.

B. An applicant who is discovered to have misrepresented his/her drug history in completing the application will be found unsuitable for employment.

C. An applicant who has sold any illegal drug for profit at any time will be found unsuitable for employment.

D. An applicant who has used any illegal drug (including anabolic steroids after February 27, 1991), other than marijuana, within the last ten years or more than five times in one's life will be found unsuitable for employment.

E. An applicant who has used marijuana within the past three years or more than a total of 15 times in one's life will be found unsuitable for employment.

To determine whether you meet the FBI's drug policy, please answer the following
questions:

1) Have you used marijuana at all within the last three years?

2) Have you used marijuana more than a total of 15 times in your life?

3) Have you used any other illegal drug (including anabolic steroids after February 27, 1991) at all in the past 10 years?

4) Have you used any other illegal drug (including anabolic steroids after February 27, 1991) more than a total of five times in your life?

5) Have you ever sold any illegal drug for profit?

6) Have you ever used an illegal drug (no matter how many times or how long ago) while in a law enforcement or prosecutorial position, or in a position which carries with it a high level of responsibility or public trust?

If you answered "YES" to any of these questions, you should NOT apply for the Special Agent position. They are immediate disqualifiers.

[USSS1811]

As I mentioned in another post, the USSS does not publish drug usage guidelines or policies. Nor should a recruiter or other representative of the USSS express information that could be construed as such. The USSS examines the drug usage of each applicant on a case by case basis.

Having said all that, one could examine the ATF and FBI drug use policies and use them as a general guide. One more caveat: the USSS MAY BE MORE STRICT in some areas than other federal LE agencies. Remember, everything I post on here is just the opinion of one guy.

Hope this helps a little bit.

[psych]

With ATF's move to justice, will that have any effect on it's policies? Just curious if they will be more in line with FBI or just stay the same

[X21]

Trying to find the DEA's policy...

[ATF SAC]

A little admin policing here. I set up a thread for discussion which is where I hope you will post comment and discussion. Here I would like to see your agencies written or practical policy so that folks can reference them.

[USBPA432]

Does anyone know the USMS's past drug use policy? I'm curious as to how the various DOJ agencies address this issue. Thanks.

[ATF SAC]

thanks to Rico73 who posted this in another thread:

Here's NJSP's drug DQ info:
1. If you have used marijuana or hashish within the past three years.

2. If you have possessed or used anabolic steroids, other than those prescribed by a physician, since February 27, 1991.

3. If you have possessed or used any other illegal drug or drugs other than those prescribed or provided by a physician or purchased over the counter (including the use of anabolic steroids after February 27, 1991).

4. If you have ever sold, or given an illegal drug to another person in your life.

5. If you have ever manufactured an illegal drug at any time in your life.

[gijoeyl33]

This post was deleted to preserve the overall confidentiality of the specifics regarding USSS' applicant prior drug usage policy.

[ATF SAC]

Under the FBI's current Employment Drug Policy, an applicant will be found unsuitable for employment if they:

* Have used any illegal drug (including anabolic steroids after February 27, 1991), other than marijuana, within the past ten years, or engaged in more than minimal experimentation in their lifetime. In making the determination about an applicant’s suitability for FBI employment, all relevant facts, including the frequency of use, will be evaluated.

* Have used marijuana/cannabis within the past three years, or have extensively used marijuana/cannabis or over a substantial period of time. In making the determination about an applicant’s suitability for FBI employment, all relevant facts, including the recency and frequency of use, will be evaluated.

You can easily determine whether you meet the FBI's illegal drug policy by answering the following questions:

*Have you used marijuana at all within the last three years?
*Have you used any other illegal drug (including anabolic steroids after February 27, 1991) at all in the past 10 years?
*Have you ever sold any illegal drug for profit?
*Have you ever used an illegal drug (no matter how many times or how long ago) while in a law enforcement or prosecutorial position, or in a position which carries with it a high level of responsibility or public trust?

If you answered Yes to any of these questions, you are not eligible for employment with the FBI.