Federal Jobseekers Who Used Marijuana in Past Would Get Reprieve Under New Bill

New legislation would ensure that federal job applicants as well as those seeking security clearances are not denied solely because of past marijuana usage.

The Dismantling Outdated Obstacles and Barriers to Individual Employment Act of 2024 (DOOBIE) Act (S.4711) would ease restrictions for those who have used marijuana in the past, either recreationally or for medical reasons. 

The legislation was introduced by Senator Gary Peters (D-MI), Chairman of the Homeland Security and Government Affairs Committee, who notes that this legislation will help the federal government recruit workers.

“As we work to build a highly skilled federal workforce, it’s crucial that the federal government modernizes its hiring practices to reflect evolving laws and societal norms,” said Senator Peters. “My bill will take the commonsense step to align federal statutes with existing agency guidance and ensure that talented individuals are not automatically disqualified from service solely due to past marijuana use.” 

A goal of the legislation is to better align federal law with state laws as well as executive branch guidance.  

Almost half, 24 states, have legalized marijuana for both medical and recreation use. An additional 14 states allow for medical usage alone.

In 2021, the Office of Personnel Management (OPM) told agencies that past marijuana usage should not automatically preclude a candidate from obtaining in the federal government.

Also in 2021, the Office of the Director of National Intelligence (ODNI) said that prior marijuana usage should not be the sole disqualifying factor in denying a security clearance.

Attorney Ryan Nerney, managing partner of Tully Rinckey, told Federal News Network that codifying these guidelines would clear up confusion. 

“Especially intelligence agencies, even though this guidance came out, they still have stricter views on marijuana use when it comes to that. So, potentially codifying this in an actual bill from Congress, might make this guidance that has been in place since 2021 a little bit more expansive,” said Nerney.

Senator Peters expects to hold a hearing on the legislation on July 24.

CURE Act

There is a similar bill pending the House. The Cannabis Users Restoration of Eligibility Act (CURE) Act (H.R. 5040) would also eliminate past marijuana usage as the sole reason to deny federal employment or a security clearance. However, the CURE Act goes a step further and would require agencies to review past job applications and clearances that were denied solely due to past marijuana usage.