A bipartisan group of lawmakers has filed a bill in Congress to prevent people from losing their federal jobs or security clearances because they use marijuana. The bill also provides relief to people who have lost out on opportunities in the past due to cannabis.
Rep. Jamin Raskin, D-MD, introduced the legislation on Thursday. This comes months after first previewing plans for reform. Rep. Nancy Mace, R-SC, is cosponsoring the bill. She expressed her interest to work with Raskin last year at a House Oversight Subcommittee Hearing when he announced his intention to act.
The bill 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 for security or suitable for federal employment in accordance with existing code.”
In a Thursday press release, Raskin stated that “every year, dedicated and qualified individuals who want to serve our nation are unable” to obtain federal jobs or security clearances due to the federal government’s failure to catch up with the legalization of recreational and medical cannabis. “I’m proud to work with Representative Mace on the bipartisan CURE Act, which will end the outdated and draconian marijuana policies that keep talented people from being able to serve their government as honorable public servants.”
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 Federal agencies to immediately reconsider the individual’s request to reconsider.”
Morgan Fox, political Director of NORML said, “For far too long the federal government has denied Americans civil service jobs because of outdated attitudes towards cannabis and its consumers.” Denying these millions Americans consideration for employment or security clearances is discriminatory, and it unnecessarily reduces the talent pool for these important jobs.
He said: “NORML commends sponsors who are working to change this policy, and replace it by fair and sensible hiring practices and clearance procedures that will make America much stronger on the international stage.”
Maritza Perez-Medina, Director of the Office of Federal Affairs for the Drug Policy Alliance said that they are “excited” to support legislation which can help to end another pillar of drug war.
“Penalizing someone because of drug use assumes that drug use is a problem and that drug users cannot be responsible workers.” “We know this is false”, she said. “We hope that this bill will be the beginning of other important federal marijuana reforms.”
The CURE Act is an expansion of the amendment Raskin submitted as part of the cannabis legalization bill passed by Congress last year. The measure that Raskin filed would only have covered security clearances, not also including employment decisions. Retroactivity, however, would have required that denials go back to 1971 instead of 2008. The amendment was narrowly rejected on the House floor .
Ed Conklin said, “Millions patriotic and conscientious Americans use marijuana legally every year, but are penalized for it by outdated federal laws.” “We support the CURE Act, because it aligns federal employment policies with the views and opinions of the majority of Americans.” Cannabis use should not prevent qualified candidates from working for the federal government.
The Senate Intelligence Committee passed an amendment to a bill on oversight last month, which would prevent intelligence agencies denying applicants security clearances solely because of their marijuana use in the past.
Sen. Ron Wyden, D-OR, filed an amendment to the version of authorization legislation last year that would have prohibited employment discrimination on the basis of prior or current cannabis use in any federal department. This included those who deal with intelligence.
The provision was rewritten under a second degree amendment by the chairman of the panel before it was adopted by the committee. The reform was quashed after two GOP senators refused to attach to the National Defense Authorization Act if it contained marijuana language.
Marijuana Moment tracks more than 1,000 cannabis and psychedelic bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
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 applicants. 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 taking illegal drugs makes a person 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 to admit prior 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.
Below, you can read the entire text of the new Employment and Security Clearance Bill.
DEA Head Commits To Request Marijuana Review Timeline From Health Agency, As Congressman Floats Schedule ‘420’ Classification
The post Federal agencies couldn’t refuse to hire people because of marijuana use under new Congressional Bill first appeared on Marijuana Moment.
