As Congress works to finish federal marijuana prohibition, one key lawmaker says he’ll quickly be introducing a invoice aimed toward defending federal staff from being denied safety clearances over marijuana.
Rep. Jamie Raskin (D-MD) previewed his forthcoming laws throughout a listening to on marijuana legalization that was held on Tuesday in a Home Oversight subcommittee that he chairs. Whereas the invoice hasn’t been formally filed but, he defined that it might deal with federal employment points that stay unresolved underneath criminalization.
“We’ve obtained 2.85 million federal staff in America—in my state, greater than 100,000 folks,” Raskin mentioned. “And other people have been disqualified from federal employment as a result of they truthfully admit on a safety clearance type that they’ve as soon as used marijuana, one thing that greater than half of the nation has finished.”
“I’ve had many constituents I’ve spoken to who’ve been chosen for a major federal place after an exacting technique of interview, who then are rejected within the safety clearance course of as a result of they’ve admitted to having as soon as used marijuana,” the congressman mentioned.
This isn’t the primary time that Raskin has raised the problem. Simply earlier than the Home handed a marijuana legalization invoice earlier this yr, he filed an modification to require federal businesses to evaluate safety clearance denials going again to 1971 and retroactively make it so hashish couldn’t be used “as a purpose to disclaim or rescind a safety clearance.” That measure was narrowly defeated in a flooring vote, nonetheless.
Now he mentioned that he’s “going to be advancing” standalone laws “to take care of that downside.”
The textual content of Raskin’s invoice hasn’t but been made out there, so it’s not clear if the scope will solely cowl previous hashish use, for instance, or if it might permit federal staff who stay in states which have enacted legalization to proceed utilizing marijuana on their very own time and nonetheless hold their safety clearances.
—
Marijuana Second is monitoring greater than 1,500 hashish, psychedelics and drug coverage payments in state legislatures and Congress this yr. Patreon supporters pledging a minimum of $25/month get entry to our interactive maps, charts and listening to calendar in order that they don’t miss any developments.
Study extra about our marijuana invoice tracker and develop into a supporter on Patreon to get entry.
—
Whereas the Biden administration instituted a coverage final yr authorizing waivers to be granted to sure staff who admit to prior hashish use, Raskin mentioned on Tuesday that “too typically I’m listening to from individuals who inform me that it operates similar to that as an automated immediate disqualifier for his or her employment.”
“That is clearly profoundly unfair to the people—but in addition it’s an incredible waste of human expertise and pointless stigmatization and demoralization of our personal folks,” he mentioned. “That is one small side of a complete regime of injustice that has grown up across the struggle on marijuana.”
“Even within the states the place it has been totally legalized, federal staff and candidates are nonetheless weak to being fired or rejected from their jobs even for having used a medical marijuana prescription in a state the place that’s lawful,” Raskin said in his opening assertion on the listening to. “We shouldn’t be denying our constituents the chance to serve in federal workplace just because they’ve used marijuana, as a majority of the nation data that it has.”
Rep. Nancy Mace (R-SC), the sponsor of a federal hashish legalization invoice and GOP rating member on the Oversight subcommittee, informed Marijuana Second on Tuesday that she intends to co-sponsor the chairman’s marijuana employment invoice, which Raskin individually introduced on the listening to.
“I’m placing my cash the place my mouth is,” Mace mentioned within the interview. “If I say I’m keen to work with you, I’m. And I hope that that can occur in return.”
As Raskin delivered closing remarks at Tuesday’s listening to and introduced his forthcoming invoice, Mace may very well be seen writing a word and sliding it in entrance of the chairman, later pointing at it earlier than he wrapped up. Raskin learn it and smiled, after which introduced that the GOP congresswoman can be supporting the federal employee laws.
As a part of advancing the Nationwide Protection Authorization Act (NDAA), Senate leaders sought to connect separate broader intelligence laws that had included a provision stopping the denial of safety clearances over hashish which was authorised by a Senate committee earlier this yr.
However two GOP senators protested the inclusion of the marijuana language and it was consequently dropped from the measure, prompting the sponsor to individually file completely different, broader amendments on the problem.
One of many proposals from Sen. Ron Wyden (D-OR) would forestall the denial of federal safety clearances for folks over hashish use at any time, whereas the opposite would restrict the safety solely to individuals who admit to previous use previous to getting into nationwide safety vetting.
As extra states have moved to legalize marijuana in some type, office hashish insurance policies have been underneath shut scrutiny.
Earlier this yr, the nation’s largest union representing federal staff adopted a decision in assist of marijuana legalization and calling for an finish to insurance policies that penalize federal staff who use hashish responsibly whereas they’re off the clock in states the place it’s authorized.
A federal marijuana legalization invoice filed by Senate Majority Chief Chuck Schumer (D-NY) in July additionally comprises a provision that might particularly prohibit federal employers from testing staff for hashish, with sure exceptions for delicate positions resembling legislation enforcement and people involving nationwide safety.
However usually, federal businesses have been reluctant to loosen cannabis-related employment guidelines regardless of state efforts to legalize hashish for medical and leisure use.
For instance, the Substance Abuse and Psychological Well being Companies Administration (SAMHSA) just lately proposed a adjustments to drug testing insurance policies for federal staff that might make clear that having a physician’s suggestion for medical marijuana or another Schedule I drug will not be a legitimate excuse for a optimistic drug check.
In the meantime, the director of nationwide intelligence (DNI) mentioned late final yr that federal employers shouldn’t outright reject safety clearance candidates over previous use and may use discretion in the case of these with hashish investments of their inventory portfolios.
FBI up to date its hiring insurance policies final yr to make it so candidates are solely routinely disqualified from becoming a member of the company in the event that they admit to having used marijuana inside one yr of making use of. Beforehand, potential staff of the company couldn’t have used hashish inside the previous three years.
The Division of Transportation (DOT) additionally took a special strategy to its hashish coverage in 2020, stating in a discover that it might not be testing drivers for CBD. Nonetheless, DOT just lately reiterated that the workforce it regulates is prohibited from utilizing marijuana and will proceed to be examined for THC, no matter state hashish coverage.
Rep Earl Blumenauer (D-OR) despatched a letter to the pinnacle of DOT in Might, stating that the company’s insurance policies on drug testing truckers and different business drivers for marijuana are unnecessarily costing folks their jobs and contributing to produce chain points.
The Atmosphere Safety Company (EPA) additionally emphasised to its staff that they’re prohibited from utilizing marijuana—or instantly investing within the business—irrespective of the state legislation or adjustments in “social norms” round hashish.
Whereas the Biden administration did institute a waiver coverage meant to offer discretion because it pertains to federal employment and previous hashish use, it’s come underneath hearth from advocates following early studies that the White Home fired or in any other case punished dozens of staffers who had been trustworthy about their historical past with marijuana.
Then-White Home Press Secretary Jen Psaki tried to attenuate the fallout, with out a lot success, and her workplace launched a press release final yr stipulating that no one was fired for “marijuana utilization from years in the past,” nor has anybody been terminated “as a result of informal or rare use throughout the prior 12 months.”
Picture courtesy of Martin Alonso.