Chairman's Surprise Twist: Overhauling Federal Marijuana Work Protections
Chairman's Amendment to CURE Act
The House Oversight and Accountability Committee is gearing up for a crucial vote on the Cannabis Users’ Restoration of Eligibility (CURE) Act, sponsored by Reps. Jamie Raskin (D-MD), Nancy Mace (R-SC), and Earl Blumenauer (D-OR). However, Chairman James Comer (R-KY) has thrown a curveball by announcing a significant amendment.
The Chairman's amendment in the nature of a substitute (ANS) would eliminate some of the bill's central provisions. Chairman James Comer was rated 33% by National Cannabis Industry Association, and 17% by the Nation Cannabis Industry Assocation. NORML has a middling position on him with a rating of 58%. Overall, he is not considered good leadership to advance the needs of this market nor the Federal workforce, which the CURE Act is designed to support.
Changes to Eligibility Criteria
The original legislation aimed to shield federal workers from repercussions related to marijuana use, stating that "current or past use of marijuana by a covered person may not be used in any determination with respect to whether such person is eligible for a security clearance or otherwise suitable for federal employment."
Comer's amendment, however, takes a different approach. It would remove the reference to "current" use, narrowing employment protections to those who admit to past marijuana use, while allowing federal agencies to continue refusing employment to current cannabis consumers.
A committee spokesperson explained, "This codifies emerging federal policy regarding how to treat prior marijuana use when determining suitability for a security clearance or Federal employment and clarifies the hiring process for the many young, technically-capable applicants that are currently dissuaded from applying to government jobs due to conflicting and confusing policies."
Support from Mace
Nancy Mace's office announced her support for Chairman Comer's amendment, stating that she "plans to support the chairman's ANS."
However, Rep. Jamie Raskin's staff remained silent on the matter, declining to comment.
Potential for Additional Amendments
While Chairman Comer's amendment has garnered attention, other committee members may still introduce further changes to the bill, though none have been publicly disclosed as of now.
Reviewing Past Decisions
The current version of the CURE Act includes a provision requiring federal agencies to review past decisions to deny security clearances or job opportunities based on cannabis use dating back to January 1, 2008. Agencies must maintain a website for individuals to request a review, and they must complete the reconsideration process within 90 days if marijuana use was the sole reason for denial.
If an individual remains denied after agency reconsideration, they have 30 days to appeal to the Merit Systems Protection Board (MSPB), which must review the case within 120 days. If the MSPB finds that marijuana use was the basis for denial, it can order the federal agency to reevaluate the individual's request for reconsideration.
Expanding Raskin's Amendment
The CURE Act builds upon an amendment proposed by Rep. Raskin in a previous House-passed cannabis legalization bill. Raskin's original amendment focused solely on security clearances and included retroactivity to 1971, but it narrowly failed on the House floor.
Senate and Intelligence Agencies
The Senate recently passed legislation preventing intelligence agencies from denying security clearances solely due to past marijuana use. Sen. Ron Wyden's broader amendment to prevent employment discrimination based on cannabis use across federal departments also faced challenges but found some success.
Advocates Seek Reform
If the CURE Act clears the House Oversight Committee, it will mark a significant victory for advocates of cannabis reform. Previous efforts faced obstacles, with the Rules Committee blocking multiple cannabis-related amendments while under GOP control.
Changing Cannabis Policies
Several federal agencies, including the Secret Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), have updated their cannabis policies for job applicants. The FBI also revised its hiring policies in response to the changing landscape.
Loosening Employment Policies
Former FBI Director James Comey previously expressed a desire to relax the agency's employment policies regarding marijuana, recognizing the need to attract skilled workers.
Shift in Perspective
Recent developments indicate a shift in perspective within federal agencies. The CIA, in 2020, acknowledged that using illegal drugs doesn't necessarily reflect negatively on a person.
Changing Forms and Waivers
Proposed changes to job application forms suggest a more lenient stance on past cannabis use, in line with the Biden administration's policy authorizing waivers for certain workers who admit to prior marijuana use.
Affected Applicants and Future Reforms
A recent survey revealed that strict marijuana policies for security clearances deterred 30% of applicants between 18 and 30 from pursuing federal jobs. Some believe that the potential rescheduling of marijuana by the Drug Enforcement Administration could prompt further review of employee drug policies.
Upcoming Vote and Senate Action
The House Oversight Committee's vote on the CURE Act will set the stage for a significant month in marijuana reform legislation. The Senate Banking Committee is also poised to vote on a bipartisan cannabis banking bill later this month, potentially advancing it to the Senate floor.