Sen. Gary Peters, D-Mich. and Chairman of the Senate Homeland Security and Governmental Affairs … [+]
A Senator has proposed legislation that would restrict federal agencies from considering past marijuana use when making employment and security clearance decisions.
Democratic Sen. Gary Peters from Michigan introduced on July 11 the Dismantling Outdated Obstacles and Barriers to Individual Employment Act, also known as the DOOBIE Act.
This legislation aims to prevent past marijuana use from negatively affecting an individual’s eligibility for federal employment.
Under current legislation, marijuana users are still prohibited from federal employment and denied security clearances, as marijuana possession and consumption remain federal crimes.
Marijuana is legal for recreational use in 24 states and for medicinal purposes in 38 states.
The Drug Enforcement Administration is currently seeking public comments on its proposal to reclassify cannabis as a Schedule III drug, which would reduce federal restrictions from its current Schedule I status, where it is listed alongside heroin and cocaine.
The DOOBIE Act of 2024 seeks to update employment and security clearance protocols by eliminating penalties for prior marijuana use. This proposed legislation prevents executive agencies and the Office of Personnel Management (OPM) from making negative suitability or fitness decisions based solely on an individual’s previous marijuana use. Furthermore, it revises current laws to ensure that marijuana use does not disqualify individuals from obtaining security clearances or personal identity verification credentials.
Specifically, the bill updates definitions and guidelines to reflect current views and the legal status of marijuana. It amends Section 3002 of the Intelligence Reform and Terrorism Prevention Act of 2004, removing marijuana from the definition of “controlled substance” for security clearances. As a result, federal agencies cannot deny security clearances or employment suitability solely due to past marijuana use. The OPM and the Office of the Director of National Intelligence are responsible for helping agencies implement these changes and ensuring their regulations align with the Act.
Overall, this legislation aims to de-stigmatize marijuana use and remove obstacles to federal employment for those who have used marijuana.
Efforts to ease restrictions on marijuana users seeking employment with federal agencies are not new. A bipartisan House bill introduced last year known as the CURE Act, co-authored by Maryland Democrat Jamie Raskin and South Carolina Republican Nancy Mace, proposed changes to federal law to eliminate a history of marijuana use as a disqualifying factor for federal job applicants. Additionally, it sought to ensure that marijuana use is no longer a reason for denying security clearances to potential federal employees.
It is worth noting that some federal agencies have already implemented the changes proposed in Peters’ bill. In 2021, the Office of Personnel Management issued guidance stating that past marijuana use cannot be the sole reason for rejecting a federal job applicant. Similarly, the Office of the Director of National Intelligence updated its rules to ensure that past marijuana use alone cannot result in the denial of a security clearance for federal employees and contractors.
The Committee on Homeland Security and Governmental Affairs, chaired by Sen. Peters, is expected to review and potentially advance the bill during a hearing on July 24.
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