Next week, a congressional committee will vote on legislation to prevent people from losing federal employment or clearances because of marijuana use. It also aims to give relief to people who have lost chances due to cannabis.
James Comer, R-KY, announced on Friday that the House Oversight and Accountability Committee would hold a marking up on the Cannabis Users’ Restoration of Eligibility Act on Wednesday.
The federal government is still not catching up to the widespread legalization of recreational and medical cannabis, according to Rep. Jamie Raskin, D-MD, the bill’s primary sponsor.
He said that the change “will remove the draconian and outdated marijuana policies which prevent talented individuals becoming honorable public officials in their own governments.”
A week later on September 27th, a Senate committee will be considering a separate cannabis bill called the Secure and Fair Enforcement Banking Act (SAFE).
Raskin’s bill on employment and security clearance states that “current or previous use of marijuana by an covered person cannot be used to determine whether such person is eligible for a clearance or suitable for employment in the federal government under existing codes.”
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The bill states that within one year after enactment all federal agencies will be required to develop a review process for each decision made to deny security clearances and job opportunities due to cannabis use dating back to January 1, 2008. The bill requires that agencies maintain a website where people can request a review. If they determine that the decision was made solely because of marijuana, they must “reconsider” their security clearances or job applications within 90 days.
The Merit Systems Protection Board will hear the appeal within 30 days if the person was denied clearance or employment after the agency reconsidered the decision. The board must review the case in 120 days and, if marijuana was found to be the reason for the denial, “order the Federal Agency to immediately redetermine” the person’s request for a reconsideration.
Raskin is co-sponsoring this legislation along with Reps. Nancy Mace, Earl Blumenauer and Earl Mace.
Comer, the Oversight Committee Chair, stated that on Friday in a memorandum he intended to file an amended in the nature as a substitute for the bill during the markup. It’s unclear what type of changes he is planning to make to the current provisions of the bill.
The CURE Act is an expansion of the amendment Raskin submitted as part of the cannabis legalization bill passed by the House last year. The measure that Raskin filed would only have covered security clearances, not also employment decisions. Retroactivity, however, would have required that denials go back to 1971 instead of 2008. The amendment was narrowly defeated in the House.
The Senate passed a bill in July that prohibits intelligence agencies from refusing security clearances solely because of a previous marijuana use.
Last year, Sen. Ron Wyden of Oregon filed a more comprehensive amendment that would have prohibited employment discrimination on the basis of cannabis use in any federal department. This included those who deal with intelligence. The provision was weakened by a second-degree amendment proposed by the chairman of the panel before it was adopted. The reform was subsequently quashed after two GOP senators refused to attach to the National Defense Authorization Act on the floor if the bill included marijuana language.
In 2021, the Director of National Intelligence issued a memo saying that federal employers should not reject security clearance candidates based on past use. They also need to use discretion with those who have cannabis investments in their portfolios.
The U.S. Secret Service has recently updated its policy on employment to be more accommodating for applicants who have previously used marijuana. Candidates of any age are now eligible to apply one year after their last consumption. There were previously stricter restrictions based on age.
ATF has also updated its cannabis rules for job candidates. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has also revised its cannabis rules for job applicants.
In 2020, the FBI changed its hiring policy so that candidates would only be automatically disqualified if they admitted to using marijuana within a year before applying. Prior to 2020, the FBI prohibited prospective employees from having used cannabis in the last three years.
In 2014, former FBI director James Comey suggested that he would relax the employment policies of the agency in relation to marijuana as skilled workers were being overlooked due to this requirement.
He said, “I need to hire an excellent work force to compete against those cyber criminals. Some of these kids want to smoke marijuana on their way to the interview.”
In 2020, the CIA stated that it does not necessarily believe that using illegal drugs will make you a bad.
Marijuana Moment obtained draft documents late last year that showed the federal Office of Personnel Management was proposing to replace several job application forms in a manner that would deal with past cannabis use much more leniently under current policy.
In 2021, the Biden administration implemented a policy that allows waivers for certain workers if they admit to previous marijuana use. However, certain legislators have called for further reform.
According to a recent survey, 30 percent of people between 18 and 30 either refused to apply or withdrew their applications because of the strict marijuana policies that are required for security clearances.
Some attorneys believe that the rescheduling of marijuana by the Drug Enforcement Administration, as recommended recently by the Department of Health and Human Services could force federal agencies to review their drug policies.
California employers could not ask about past marijuana use under a bill sent to the Governor’s desk
The first time Marijuana Moment was published, the post Congressional Committee Votes on Removing Marijuana as Barrier to Federal Employment or Security Clearances.
