WASHINGTON, D.C. – U.S. Senator Gary Peters (MI), Chairman of the Homeland Security and Governmental Affairs Committee, introduced legislation to ensure applicants for federal positions or security clearances are not being denied solely on the basis of past recreational and medical marijuana use. 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 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 The Dismantling Outdated Obstacles and Barriers to Individual Employment (DOOBIE) Actwould align federal hiring practices with current guidance on past marijuana use, broaden the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.
“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. By providing this much-needed clarity for agencies and applicants, we will ensure that the federal government can recruit and retain the best and brightest to serve our nation.”
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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