The U.S. Secret Service has revised its employment policies to accommodate applicants who have previously used marijuana. This is the latest federal agency to make changes to cannabis regulations in light of state-level legalization.
USSS also added a policy that states candidates who have used hemp-derived CBD within a year of their application, will be evaluated “on a per-case basis” by adjudicative staff.
Prior to this, the rules of the agency around previous marijuana use were based on age. For example, a person who has not used cannabis in the past year could still apply after a year. The ineligibility period increases with each additional year. The longest period of ineligibility was for applicants who had used marijuana at the age of 28 or older. They were rendered ineligible five years minimum after their last use.
Last month, USSS implemented a more flexible Policy. Candidates of any age can now apply for the program one year after their last cannabis consumption.
It states that “Use or Purchase of Marijuana includes Use or Purchase for Medical Purposes or Use or Purchase in Jurisdictions (e.g. States or Countries) where Use or Buy is Legal.”
The “Drug History Considerations section” has also been updated with language about hemp and CBD.
It states that “it is recognized that an application may have used, or purchased, cannabidiol or hempseed-related over-the counter products (e.g. oils, lotions or shampoos, dietary supplement, food), or any CBD- or hempseed-related drug or medical product, approved by the U.S. Food and Drug Administration for use, within the past one (1) year prior to the date the application was submitted.” In such cases, adjudicative staff will consider the applicant’s suitability for employment on a case by case basis.
A section from an earlier version of this policy still exists, which makes a strange distinction between “personal” and “recreational” use of marijuana. Personal use includes use with family and friends (including those in the immediate family), while recreational use is defined as “sale, cultivation or distribution other than personal use that does not aim to generate income or profit.”
The application states that “the amounts sold, distributed, or cultivated will be taken into consideration.” The applicant cannot have sold marijuana, either for personal use or recreational purposes, within the last 10 years.
The agency stated that “if the applicant has instances of sale or cultivation of marijuana in addition to what is described above, they are not eligible for employment with USSS.”
USSS’s prior age-based marijuana policy was updated, which was implemented in 2017, to give applicants more flexibility who have previously used cannabis. This was done to acknowledge the changing legal landscape. The previous policy was based on how many times someone consumed marijuana regardless of their age.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives also has recently revised its cannabis regulations for job applicants , so that applicants who have grown, manufactured, or sold marijuana while in a position of “public responsibility” won’t be automatically disqualified.
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.
Rep. Jamie Raskin, D-MD, said during a hearing on the legalization of marijuana last year that he planned to introduce a bill protecting federal workers against being denied clearances for marijuana.
The nation’s largest federal employee union adopted a resolution last year in support of marijuana decriminalization, and to end the policies that penalize federal employees for using cannabis responsibly when they are off-the-clock in states where the drug is legal.
In 2021, the director of national Intelligence (DNI), said that federal employers should not reject security clearance applications based on past use. They should also use discretion with those who have cannabis in their stock portfolios.
The FBI updated its hiring policy that same year, so that candidates were only disqualified if they admitted to using marijuana within a year before applying. Prior to this, potential employees of the agency were not allowed to have used cannabis in the last three years.
In 2020, the Department of Transportation (DOT), which regulates its workforce, announced that it would no longer test drivers for CBD . DOT, however, has recently stated that its workforce is not allowed to use marijuana, and continues to be tested for both THC and CBD regardless of the state cannabis policies.
Rep. Earl Blumenauer, D-OR, sent a letter last year to the head of DOT stating that its policies on drug testing commercial drivers and truckers for marijuana are unnecessarily causing people to lose their jobs as well as contributing to supply chain problems.
The Environment Protection Agency has also made it clear to its employees, that marijuana use is not allowed and neither are investments in the cannabis industry. This applies regardless of state laws or any changes in “social standards” surrounding cannabis.
The Biden administration has implemented a policy that allows for discretion in federal employment, and if a person discloses their past marijuana use. However, this policy is under fire by advocates after early reports claimed the White House had fired or punished dozens staffers because they were truthful about their history of cannabis use.
Jen Psaki, then White House Press Secretary, tried to minimize the fallout but without much success. Her office issued a statement 2021 that stated that no one was terminated for “marijuana use from years ago,” or “due casual or infrequent usage during the previous 12 months.”
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