A former criminal investigator with the U.S. Drug Enforcement Administration urged the Federal Circuit on Friday to reverse the agency's decision to fire him for having THC in his system, saying the agency cannot show a positive urine test was due to illegal use of marijuana.
Anthony Armour denied using marijuana, saying the Merit Systems Protection Board wrongfully relied on the DEA's flawed drug testing and took Armour's prompt notification to the DEA about his use of cannabidiol as evidence when affirming the agency's decision to fire him after finding THC in his urine.
In disputing the board's finding on Sept. 29 that Armour had used illegal substances, he said it's well-known that urine tests are unable to "distinguish between THC ingested from legal CBD (i.e., hemp) use versus illegal marijuana consumption."
In addition, the board used Armour's notification to the DEA that he used CBD as an admission that he knew he was taking a product that contained an illegal drug, Armour said.
Read more at: https://www.law360.com/cannabis/articles/1679845/dea-wrong-to-fire-agent-for-marijuana-test-fed-circ-told?copied=1
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