A federal law enforcement agency has updated its employment policy to make it so applicants who’ve grown, manufactured or sold marijuana in compliance with state laws while serving in a “position of public responsibility” will no longer be automatically disqualified–whereas those who did so in violation of state cannabis policies won’t be considered.
It is noteworthy that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new policy makes a distinction between applicants who follow state legalization laws and those whose cannabis activities were not sanctioned by their state. This is especially true given the federal prohibition of marijuana.
Federal law has always been supreme over state laws. ATF, a part of the Department of Justice has now implemented an employment policy which treats state-legal cannabis activity in the industry differently.
ATF has added a new subsection to its “Automatic Drug Disqualifiers”, which is part of the revised employment policy posted by ATF this month. It’s called “Marijuana/Cannabis”.
What does say?
Federal law still considers marijuana use within a state or locality that has legalized the use of marijuana for medical reasons. These activities are automatically excluded:
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- Distributing, selling, or transporting marijuana for profit or cultivating or manufacturing it , without state/local legal approval , while in a public position. [Italicized accent added.]
Another section on the disqualifying factors for illicit drugs has also been updated:
Illegal drugs/Controlled Substances – Marijuana, but not other controlled substances
These activities will automatically disqualify you:
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- Using illegal anabolic steroids (non-prescribed), while in a public position, and within the past five (5) year.
- Purchase and use for personal purposes within the past five (5) or in a public position.
- Addiction within the past five (5) or in a position with public responsibility. Distributing, selling, or transporting controlled drugs for profit without legal authorization.
- Manufacturing any illegal controlled substances
ATF applicants may still be denied employment if they engage in state-legal marijuana activities, even if it is done while holding a public position. However, such an activity will no longer automatically disqualify them. According to the new policy, anyone who is involved in marijuana commerce, which is not authorized by local or state law, while holding a public position will be automatically disqualified from the ATF’s hiring process.
In an email, a spokesperson for the ATF told Marijuana Moment that “the ATF Drug Policy only refers to activities which are automatically disqualifying.” The ATF updates its policies annually. This policy was updated in this month.
ATF’s former drug policy for job applicants, which can be found archived on the internet, didn’t mention marijuana specifically, but stated that it would “apply established guidelines to determine if an applicant’s prior drug activities disqualify them from consideration.”
The policy update also comes at a time when there are multiple federal lawsuits that challenge the constitutionality the federal ban, which has prevented cannabis consumers from legally owning or buying firearms, even if they were operating within state law. ATF enforces that policy by asking a question in the gun purchase form.
ATF will issue an advisory in 2020 that specifically targets Michigan and requires gun sellers conduct federal background checks for all unlicensed buyers. It said Michigan’s cannabis laws allowed “habitual marijuana consumers” and other disqualified persons to obtain firearms without a license.
As the movement to legalize marijuana at the state level has grown, the agency is not the only one that has changed its employment policies.
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.
Rep. Jamie Raskin, D-MD, said during a hearing on marijuana legalization 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 reiterated the fact that its workforce is not allowed to use marijuana, and continues to be tested for both THC and CBD regardless of state cannabis policies.
Rep. Earl Blumenauer, D-OR, sent a letter last year to the head of DOT stating that the policies regarding drug testing for commercial drivers and truckers are costing people jobs without need and contributing to supply chains issues.
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 who told the truth about their marijuana history.
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.”
Two bills have been filed by Republican members of Congress in this session, both focusing on marijuana and gun policy.
Rep. Brian Mast, co-chairman of the Congressional Cannabis Caucus and a member of the House of Representatives, introduced legislation last week that would protect the Second Amendment right of marijuana users in states where the drug is legal. This would allow them to buy and possess firearms, which they are currently prohibited to have under federal law.
Mast is also co-sponsoring in this session a separate Bill from Rep. Alex Mooney (R-WV), which would allow medical marijuana patients to buy and possess firearms.
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Martin Alonso is the photographer of this photo.
The post Federal Law Enforcement Agency: State-Legal Marijuana Activity No Longer Disqualifies Job Applicants first appeared on Marijuana Moment.
