Smoking weed in Canada / federal employment Forum

[Anonymous User]

So now that weed is legal in Canada, can we travel there and smoke it and still hope to become an AUSA or other federal employee?

[Anonymous User]

Anon b/c this is info from my workplace. So, until the feds decriminalize MJ use, I don't think this will fly. The instructions on the SF-86 form that AUSAs fill out state, "Questions pertain to the illegal use of drugs or controlled substance activity in accordance with Federal laws, even though permissible under state laws." Canada's obviously not an American state, but you'd still be going there to engage in activity that's illegal under federal law. I get that this is all out of step with current real life, but I don't think there are loopholes about using MJ and passing the background check for an AUSA. (There are probably federal jobs that aren't going to ask you about this at the same level but I can't speak to them.)

[Wubbles]

Yeah, this currently is not going to fly with fed gov positions. Even super low security clearance summer interns have to do the sf 86 and disclose using drugs that are illegal federally. Even without Canada legalizing, this ussue has already been dealt with since some states legalized.

[IPProf]

Yeah, this currently is not going to fly with fed gov positions. Even super low security clearance summer interns have to do the sf 86 and disclose using drugs that are illegal federally. Even without Canada legalizing, this ussue has already been dealt with since some states legalized.

The SF86 asks if you've illegally used a drug or controlled substance. Is it a violation of US law to smoke pot in Canada? Because this is very different than the state question (obviously illegal federally to smoke pot domestically regardless of state laws).

[Anonymous User]

I’m not sure anyone knows an official answer, but it’s arguable that the question is asking about behavior that’s illegal under federal law, regardless of where you do it. Obviously the US can’t charge you with, say, possession if you possess the drug only in Canada, but the form isn’t about what the US could charge you with, it’s about what activities you’ve engaged in.

If someone ever gets an official answer that would be great to hear, but I’m not sure you can assume it would come out favorably to someone who smoked in Canada under the current regime.

[Anonymous User]

Yeah, this currently is not going to fly with fed gov positions. Even super low security clearance summer interns have to do the sf 86 and disclose using drugs that are illegal federally. Even without Canada legalizing, this ussue has already been dealt with since some states legalized.

The SF86 asks if you've illegally used a drug or controlled substance. Is it a violation of US law to smoke pot in Canada? Because this is very different than the state question (obviously illegal federally to smoke pot domestically regardless of state laws).

Oh yeah, sorry. Went back and read it and I guess this area is more grey with regards to the sf86 at least

[Anonymous User]

Yeah, as I posted above, the instructions define illegal use as “Questions pertain to the illegal use of drugs or controlled substance activity in accordance with Federal laws, even though permissible under state laws.” So the issue is whether that’s in accordance with Federal laws, period (so anything the feds consider illegal, regardless of other facts like where you are) or whether that’s anything you could be charged with by the US under federal law (obviously you can’t be charged here for smoking in Canada). I tend to read it as the former, but it probably depends in part on whether the primary concern is using drugs, or breaking the law.