New Federal Employment Protections Bill Introduced For Marijuana Consumers

Originally published at blog.NORML.org

Today, Congressman Charlie Crist held a press conference to announce the introduction of the Fairness in Federal Drug Testing Under State Laws Act, HR 6589.

The bipartisan bill would explicitly bar federal agencies from discriminating against workers solely because of their status as a cannabis consumer, or due to testing positive for marijuana use on a workplace drug test.

“Medical marijuana is an issue of compassion, and in the veterans’ community, access is even more important as more and more veterans are turning to cannabis to address chronic pain and PTSD. At the same time, the federal government is the largest employer of veterans; however, private cannabis use even in states that have legalized medical marijuana is prohibited in these positions,” said Congressman Charlie Crist (D-FL). “Our bipartisan bill would protect federal employment for those in compliance with their state’s cannabis laws. Because our veterans shouldn’t have to choose between treatment options or job opportunities.”

“The time for the federal government to end the practice of arbitrarily discriminating against current and potential workers for marijuana consumption is now,” said NORML Political Director Justin Strekal. “With 47 states having reformed their cannabis laws to be in direct conflict with the federal Controlled Substances Act, individuals acting in compliance with state law should not be denied the opportunity to serve their country as public servants.”

Enacted in 1986, the Federal Drug-Free Workplace Program made it a condition for employment that all civilian employees at executive branch agencies be prohibited from using federally illegal substances on or off duty. Medical marijuana is currently legal in 31 states, D.C., Puerto Rico, and Guam, and 46 states have some form of medical marijuana law; however, it remains illegal under federal law. Therefore, federal employees can be denied employment or terminated due to testing positive for marijuana metabolites, even if their use is in compliance with state law. This conflict between state and federal laws limits treatment options and federal employment opportunities, particularly impacting veterans who comprise approximately one-third of the federal workforce and whose medical cannabis use to treat chronic pain and PTSD has been found to be double the rate of the general public. A recent American Legion poll found that one in five veterans use marijuana to alleviate a medical condition.

Changes in the legal status of marijuana at the state level have not negatively impacted workplace safety. In fact, a pair of studies from 2016 find that the legalization of medical marijuana access is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.

In 2018, legislative efforts to reform employment laws were either attempted or successful in California, Florida, New Jersey, and Wisconsin, among others.

Bill Overview:

•   The Fairness in Federal Drug Testing Under State Laws Act prohibits marijuana metabolite testing from being used as the sole factor to deny or terminate federal employment for civilian positions at executive branch agencies if the individual is in compliance with the marijuana laws in their state of residence.
•   The bill only extends to an individual’s past, private use of cannabis, and does not prohibit probable cause testing if an individual is believed to be impaired at work.
•   The bill does not apply to individuals occupying or seeking a position requiring a top-secret clearance.