Bipartisan Bill Aims to Restore Federal Job Opportunities for Cannabis Users

Catalyst Cannabis Company shows cannabis samples in Santa Ana, Calif., on Feb. 18, 2021. John Fredricks/The Epoch Times

A bipartisan proposal introduced on July 27 would change a law that automatically disqualifies candidates from federal jobs if they admit to having used cannabis.

The Cannabis Users Restoration of Eligibility (CURE) Act (pdf), which is sponsored by Rep. Nancy Mace (R-S.C.) and Rep. Jamie Raskin (D-Md.), has already won some support from members of both parties. The measure is being introduced as more states pass legislation to make marijuana usage legal for recreational purposes in addition to the numerous states where it’s already allowed.

The purpose of the legislation is to “amend the Intelligence Reform and Terrorism Prevention Act of 2004 to limit the consideration of marijuana use when making a security clearance or employment suitability determination, and for other purposes.”

But even though marijuana consumption is lawful under state law, many applicants have been disallowed from federal employment opportunities for admitting that they’ve used cannabis.

The CURE Act would also permit those who have been denied a security clearance or federal employment based on marijuana use to have their denials reviewed.

“Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis,” Mr. Raskin said in a statement introducing the legislation.

“I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed, and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government.”

Support for the Legislation

The lawmakers’ statement included comments of support from several groups, as well as Maritza Perez Medina, director of federal affairs at the Drug Policy Alliance in Washington.

“[Drug Policy Alliance] is excited to support legislation that can help end another pillar of the drug war and allow individuals to secure work,” Ms. Medina said. “Penalizing someone for drug use relies on an assumption that any drug use is problematic and that people who use drugs cannot be responsible employees. We know this is false. We hope this bill is just the start of other critical federal marijuana reforms.”

U.S. Cannabis Council Executive Director Ed Conklin was also cited in the statement as supporting the legislation.

“Millions of patriotic, conscientious Americans use cannabis legally each year, but they are consistently penalized by outdated federal regulations,” he said.

“We strongly support the CURE Act because it will bring federal employment policies into line with the views of most Americans. Cannabis use should never prevent a qualified candidate from serving his or her country as a federal employee.”

Morgan Fox, political director at the National Organization for the Reform of Marijuana Laws (NORML), said, “For too long, the federal government has been denying Americans civil service opportunities solely because of its outdated attitudes toward cannabis and those who consume it.

“Denying these millions of Americans consideration for employment and security clearances is discriminatory, and it unnecessarily shrinks the talent pool available for these important jobs. NORML commends the sponsors for working to undo this policy and replace it with fair and sensible hiring and clearance practices that will put America on much stronger footing on the global stage.”

Opposition to the Legislation

Opponents of the measure are concerned that the change is irresponsible and potentially a damaging practice for the government.

“The CURE Act is redundant and sets a bad precedent for hiring practices within our government,” Kevin A. Sabet, president of Smart Approaches to Marijuana (SAM), told The Epoch Times.

“The legislation would bar a history of marijuana use from being used by federal agencies to deny security clearance or employment. Yet marijuana use is not an automatically disqualifying factor for either.”

The SAM president cited a 2021 decision by Director of National Intelligence Avril D. Haines, who instructed agencies to “not make past marijuana use determinative in the security clearance process.

“Also in 2021, then-OPM Director Kathleen M. McGettigan similarly determined that marijuana use may not be used to automatically deny individuals unsuitable for federal government employment,“ Mr. Sabet said. ”Still, it is important for our government to consider past marijuana use as [a] factor, even if it is not determinative.

“As Director Haines has wisely noted, ’the illegal use or misuse of controlled substances can raise security concerns about an individual’s reliability and trustworthiness to access classified information or to hold a sensitive position, as well as their ability or willingness to comply with laws, rules, and regulations.’

“If an individual seeking a security clearance’s marijuana use indicates a pattern of prioritizing personal judgment and opinion over the law, it is clear they should not be in a position to handle classified information.”

President Joe Biden announced a blanket pardon for those convicted of simple marijuana possession under federal law and announced that his administration would review the scheduling of marijuana under the Controlled Substances Act in 2023.

As of April 24, 38 states, three territories, and the District of Columbia permit the use of marijuana for medical purposes. As of June 1, 23 states, two territories, and the District of Columbia have enacted legislation authorizing and regulating the recreational use of marijuana by adults.

The Biden administration’s Office of National Drug Control Policy didn’t respond by press time to a request by The Epoch Times for comment.