Peters’ Bill will Modernize Federal Hiring Practices Regarding Past Marijuana Use
WASHINGTON, D.C. – A bill authored by U.S. Senator Gary Peters (D-MI) to ensure applicants for federal positions or security clearances are not being denied solely on the basis of past recreational and medical marijuana use has advanced in the Senate. Under current law, qualified candidates may be denied federal employment or security clearances due to past use of marijuana or cannabis products, despite legalization of these products at the state level throughout the nation, including in Michigan. While federal agencies, including the Office of Personnel Management (OPM) and the Office of the Director of National Intelligence (ODNI), have issued guidance stating that past marijuana use alone should not disqualify candidates, many potential applicants remain hesitant to pursue federal positions due to a fear of automatic disqualification. The Dismantling Outdated Obstacles and Barriers to Individual Employment (DOOBIE) Act would align federal hiring practices with current guidance on past marijuana use, broaden the applicant pool by providing clarity for prospective federal employees, and help the government compete with the private sector for talent. The bill was passed by the Senate Homeland Security and Governmental Affairs Committee where Peters serves as Chair, and now moves to the full Senate for consideration.
“The federal government must adapt its hiring practices to reflect the evolving legal and social landscape of our nation,” said Senator Peters. “My bill takes a crucial step by aligning federal policy with existing agency guidance, ensuring that past marijuana use alone doesn’t automatically disqualify talented individuals from public service. This approach will expand our talent pool and create a fairer, more inclusive hiring process.”
Current federal law allows highly qualified individuals to be denied federal employment or security clearances based on past use of marijuana or cannabis products, despite legalization at state levels. Twenty-four states and the District of Columbia have legalized both medical and recreational marijuana use, with an additional 14 states permitting medical use. This misalignment between evolving state laws, federal guidance, and actual hiring practices has created a barrier for talented individuals seeking federal employment, which could limit the government’s ability to compete for top talent.
Peters’ bill would align federal law with the current OPM and ODNI guidance on past marijuana use, providing clarity for prospective federal employees. The bill would prohibit federal agencies from using past marijuana use as the sole factor in determining employment suitability, qualification standards, or eligibility for security clearances and federal credentials. The bill would also exempt marijuana from a blanket denial in security clearance statutes and add statutory clarification that past marijuana use alone cannot disqualify candidates from federal employment. The bill would require OPM and ODNI to update their regulations and guidance to convey that past marijuana use is not an automatic disqualifier. The bill is a companion to the bipartisan Cannabis Users Restoration of Eligibility (CURE) Act in the House.
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