In a significant move aimed at modernizing federal hiring practices, U.S. Senator Gary Peters, a Democrat from Michigan, has introduced the Dismantling Outdated Obstacles and Barriers to Individual Employment (DOOBIE) Act. This new bill seeks to ensure that prospective federal employees or those seeking security clearances are not disqualified solely due to past recreational or medical marijuana use.
Senator Peters emphasized the necessity of this legislative change, noting the importance of modernizing federal hiring practices to align with evolving laws and societal norms. He pointed out that his bill aims to update federal statutes to match existing agency guidance, ensuring that qualified individuals are not excluded from federal service solely due to past marijuana use. Peters stressed that to build a highly skilled federal workforce, it is crucial to eliminate outdated barriers that prevent talented candidates from being considered for federal positions or security clearances.
In a statement, Peters highlights the significance of the proposed bill, emphasizing its purpose to address the evolving landscape of cannabis acceptance and legalization within individual states. The bill intends to eliminate the automatic disqualification of applicants based on prior marijuana use, thereby ensuring a fair opportunity for individuals with such a history.
Currently, under existing federal law, otherwise qualified candidates can be denied federal employment or security clearances if they have a history of using marijuana or cannabis products. To date, twenty-four states and Washington, D.C., have legalized recreational cannabis use, while another fourteen states have legalized medical cannabis use.
At the federal level, marijuana is categorized as a Schedule I drug, a classification that deems it on par with substances like heroin and LSD. This categorization presents significant obstacles for individuals with prior marijuana use who are seeking federal employment. To tackle this issue, U.S. Attorney General Merrick Garland has recently taken steps to address this disparity by submitting a notice of proposed rulemaking to the Federal Register. This notice marks the beginning of a formal rulemaking process to consider reclassifying marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act.
Last week, the Associated Press reported that the Drug Enforcement Agency is preparing to reclassify cannabis to a Schedule III drug under the Controlled Substances Act. The final decision requires review from the Office of Management and Budget (OMB). If approved by the OMB, the DEA would also gather public feedback before finalizing its decision.
Senator Peters stressed that this change is important to federal agencies and job applicants. By clearing up confusion about past cannabis use, the federal government can better attract and retain talented individuals.
Despite the potential impact of the DOOBIE Act, it had not garnered any cosponsors last week, which raises questions about the bill’s immediate legislative prospects. Nonetheless, its introduction signifies a growing recognition of the need to update federal policies in line with changing state laws and societal attitudes toward cannabis use.
Others noted that some federal agencies have already largely implemented the proposed changes in Peters’ bill. In 2021, both the Office of the Director of National Intelligence (ODNI) and the Office of Personnel Management (OPM) released updated guidance on this issue.
ODNI’s guidance acknowledges that illegal drug use can raise security concerns but clarifies that past recreational marijuana use should not be the sole factor in denying security clearances. Similarly, OPM’s guidance advises agencies not to automatically disqualify federal job applicants solely based on past, discontinued marijuana use.
The DOOBIE Act seeks to make these practices law so that all federal agency will update their hiring practices regarding the use of cannabis.
