Cannabis and Capitol Hill: The Move towards Federal Acceptance of Marijuana Use in Employment

Over 20 states and Washington, D.C. have given the green light to recreational cannabis. This trend has sparked bipartisan collaboration on Capitol Hill, seeking to modify a law that automatically prevents federal hiring of those candidly admitting to cannabis usage.

The proposed legislation, presented by Rep. Jamie Raskin, D-Md., has garnered bipartisan favor. Raskin and Rep. Nancy Mace, R-S.C., are advocating for the Cannabis Users Restoration of Eligibility Act. This comes as more states are implementing laws to permit recreational marijuana use, building on those that have already legalized cannabis consumption.

Despite these state-level permissions, the reality remains that thousands who have partaken in cannabis are left ineligible for federal employment opportunities, even in cases of legal consumption.

“Year after year, accomplished and devoted individuals striving to contribute to our nation are barred from securing federal employment and security clearances. This is due to federal policies that are yet to align with the growing acceptance and legality of both medical and recreational cannabis,” expressed Raskin. “I am honored to unite with my colleague, Representative Mace, in introducing the bipartisan CURE Act. This will bring to an end the outdated, failed marijuana policies that hinder talented individuals from serving as honorable public servants.”

As of August 1, cannabis will officially be legal in Minnesota.

The CURE Act intends to ensure that past or present marijuana use will not lead to denied security clearance or federal employment. The act will also provide a review for those who have been previously denied a security clearance or federal job over the past 15 years due to marijuana use.

The legislation necessitates that all federal agencies establish a procedure to revisit past denial decisions relating to security clearances or job opportunities on grounds of cannabis use, dating back to January 1, 2008. The agencies are required to maintain a dedicated website for people to apply for review of decisions. If an applicant was denied solely on the basis of marijuana use, their security clearance or job application must be reconsidered within 90 days.

A new law allowing recreational marijuana will come into effect in Maryland.

Rep. Jamie Raskin is leading the charge on the Cannabis Users Restoration of Eligibility Act. “Consider the fact that we have 2.8 million federal employees in the United States. In my state alone, over 100,000 people have been deemed unfit for federal employment simply because they confessed to previous marijuana use on a security clearance,” voiced Raskin to Congress.

The proposed legislation aims to equate legal marijuana with alcohol. Therefore, federal employees could still be penalized for consuming cannabis while on duty.

In the previous year, President Biden declared a general pardon for individuals federally convicted of simple marijuana possession. This affected approximately 6,500 people. Despite this, none of these individuals were incarcerated at the time, and currently, no one is in federal prisons for simple marijuana possession alone.

Additionally, the president’s administration plans to reassess the Schedule I narcotic categorization of marijuana under the Controlled Substances Act.