US lawmakers introduce bill to ease state employment restrictions on cannabis use

A bipartisan pair of U.S. lawmakers last week introduced legislation to ease state employment restrictions on cannabis use, barring job opportunities for past and current marijuana users. The bill, titled the Cannabis Users Restoration of Eligibility (CURE) Act, was introduced on July 27 by Democratic Rep. Jamie Raskin of Maryland and Rep. Nancy Mace, a South Carolina Republican who is an outspoken supporter of state cannabis policy reform .

“Each year, qualified and dedicated individuals who seek to serve our country fail to secure federal jobs and security clearances because the federal government has failed to keep up with the widespread legal use of medical and recreational cannabis,” Raskin said Friday in a statement. “I’m proud to be working with my friend Rep. Mace to introduce the bipartisan CURE Act, which will repeal the draconian, failed and outdated marijuana policy that prevents talented individuals from becoming honorable officials in their own government.”

If passed, the CURE Act would prevent past or current marijuana use from causing an applicant to be found unsuitable for federal employment or for federal employees to be denied security clearance. The legislation would also be applied retrospectively, allowing workers or applicants denied employment or security clearance to appeal that refusal.

“For too long the federal government has denied Americans public service opportunities simply because of their outdated attitudes toward cannabis and those who use it,” said Morgan Fox, policy director of the cannabis policy reform group of the National Organization for the Reform of Marijuana Laws (NORML). “Denying these millions of Americans consideration for employment and security permits is discriminatory, and it unnecessarily shrinks the talent pool available for these critical jobs. NORML commends the sponsors for working to reverse this policy and replace it with fair and reasonable hiring and release practices that will place America in a much stronger position on the global stage.”

Bill approved by judicial groups

The CURE Act has been supported by judicial reform advocates and cannabis industry groups including the Drug Policy Alliance, Due Process Institute, Law Enforcement Action Partnership (LEAP), NORML and the US Cannabis Council.

“Millions of patriotic, conscientious Americans legally use cannabis each year, yet are constantly penalized by outdated federal regulations,” said Ed Conklin, executive director of the US Cannabis Council. “We strongly support the CURE Act because it will bring federal employment policies in line with the views of most Americans. Cannabis use should never deter a qualified candidate from serving his country as a federal employee.”

The bipartisan bill isn’t the first attempt to mitigate workplace discrimination against cannabis users seeking federal jobs. In 2021, the Federal Office of Human Resources, an agency that sets “eligibility standards” to determine whether an individual is suitable for a federal position, issued new guidance to clarify that prior marijuana use does not automatically exempt applicants or appointees from most positions should disqualify jobs in the US government. However, the agency emphasized that marijuana is still considered a Schedule I substance under the Controlled Substances Act. In addition, the 1986 Drug-Free Workplace Act requires federal employees to refrain from using illegal drugs at all times.

“An individual’s violation of federal law regarding marijuana while in employment with the federal government remains relevant and may result in disciplinary action,” the OPM wrote in the 2021 memo. “It is important to note that it is also federal policy to provide adequate prevention, treatment, and rehabilitation programs and services for federal officers with drug problems.”

Also in 2021, the Office of the Director of National Intelligence, which sets security standards for access to classified information, issued new guidance to clarify that past marijuana use should not be the only reason someone is denied a security clearance. The guidance emphasizes that illegal use of controlled substances “may raise security concerns about an individual’s reliability and trustworthiness in accessing classified information or in the exercise of a sensitive position, and about their ability or willingness to comply with laws, rules and regulations.”

However, the guidelines also advise authorities that an individual’s past recreational marijuana use may be “relevant to decision-making, but not conclusive” for issuance of a safety clearance. The guidance is based on a 2017 security policy that requires authorities to use the “whole person” concept when deciding whether to issue a security clearance.

“There are many talented and dedicated people who have used cannabis and want to serve their country,” said Terry Blevins, a former Department of Defense civilian investigator, Arizona police sergeant and LEAP board member. “The compromising of our federal recruitment by outdated cannabis laws makes our country less secure given the security threats we face around the world.”