House advances bill to open federal jobs to past marijuana users

Legislation opening federal employment to past marijuana users advanced out of the House Oversight and Accountability Committee on Wednesday, in the latest Democrat-led step on cannabis reform.  

Rep. Jamie Raskin (D-Md.), the committee’s ranking member and sponsor of the legislation, said the Cannabis Users Restoration of Eligibility (CURE) Act “moves the federal government towards recognizing the widely established legal use of medical and recreational cannabis.”  

“The CURE Act will ensure that talented individuals seeking to honorably serve our country are not precluded from doing so simply because they admit to having once used marijuana,” he added in a statement.  

The Biden administration loosened federal hiring guidelines regarding marijuana use in 2021, allowing waivers for past use. The new law would go over further for past users — though it does not apply to ongoing users. 

The legislation would prevent past marijuana use from being grounds to find candidates unsuitable for federal employment or being barred from security clearances. The act would also allow previous denials for employment or security clearances based on marijuana use to be reviewed. 

The Oversight Committee voted 30-14 on Wednesday to advance the act.  

The act has been endorsed by the Due Process Institute, the Law Enforcement Action Partnership, the National Organization for the Reform of Marijuana Laws (NORML), and the U.S. Cannabis Council.  

But marijuana advocates say even more needs to be done to protect current marijuana users. 

“Applicants for federal employment and security clearances should not be unfairly disqualified solely for their past cannabis use,” NORML’s Political Director Morgan Fox said in a statement.  

“While it is disappointing that the Committee did not see fit to stop federal agencies from discriminating against those responsible adults and patients who are current consumers of cannabis, this legislation will nonetheless open up new opportunities to millions of Americans, increase the talent pool available to federal employers, and ultimately make our country safer,” Fox added. 

The bill would be the latest federal move toward dropping penalties and barriers for marijuana users.  

The Department of Health and Human Services last month sent its recommendation to reschedule marijuana to the Drug Enforcement Agency. If the DEA follows suit, rescheduling would be a key step in reducing federal regulations on marijuana.  

Biden also pardoned all federal marijuana possessions last year while urging all governors to do the same at the state level. 

But federal efforts are still far behind states on marijuana legalization.  

As of April 2023, 38 states, three territories, and Washington, D.C., allow the medical use of marijuana, while 23 states, two territories and D.C. have enacted measures to regulate the recreational use of marijuana for adults. 

Several states, including Michigan, Nevada, and Washington, have voted to end pre-employment drug testing for state workers.