The federal government may be finally coming to terms with the changing tide on cannabis across the country. In a memo issued by the Office of Personnel Management (OPM), the agency said that applicants admitting to previous marijuana use should not disqualify them from federal employment. The new policy comes as the Biden administration is also providing waivers to White House staff who have used cannabis.
So far, 15 states and the District of Columbia have all legalized or decriminalized marijuana, and 33 more states allow for medical use. Meanwhile, cannabis possession and use remain federal crimes, and cannabis retains its Schedule I controlled substance designation despite the tidal wave of support for cannabis legalization. The federal government has not interfered with the state decisions, and cannabis use federal jobs requirements have to keep up with the changing realities on the ground.
In the memo, the OPM’s acting director noted that ideal candidates for various federal jobs had used cannabis, even recently, especially those who live in legal states. However, current cannabis use federal jobs can still be a barrier to hiring. Indeed, even the memo pointing to a change in cannabis policies referred to “indicators of rehabilitation” as a useful tool in making a hiring decision. She noted that agencies may seek a “commitment to not using marijuana going forward.”
The White House policy change comes as some hold out hope for Biden on cannabis law reform. The administration said that it was committed to “bringing the best people into government,” noting that changing state and local cannabis laws meant that legal cannabis was a reality in many jurisdictions nationwide. Even so, White House employees may be subjected to odd stipulations, including cannabis job testing at random times and being asked to work remotely for no specified reason.
Federal employees, including White House staff, are still barred from using cannabis on their own time, even if they live in a legal area such as the District of Columbia. The prohibition may be enforced with cannabis job testing. Former Obama administration staffers said that the policy of Biden on cannabis for staffers echoed prior Democratic policies.
Biden has not expressed support for the nationwide legalization of cannabis but has supported reforms such as medical-use legalization, decriminalization of possession, allowing states to determine local policies and expunging prior records. Marijuana prosecutions and the “war on weed” have disproportionately affected Black and Brown communities, despite equal cannabis use among all sectors of the population.
The changes reflect calls from lawmakers over the years. A House of Representatives budget bill in 2020 called for the OPM to reassess its policies on cannabis use in federal jobs, especially when use was compliant with state law. Bipartisan groups of representatives have attempted to garner protections for federal workers around cannabis use, and even former FBI director James Comey said the agency was losing out on talent due to cannabis prohibition.
However, drug policy change advocates noted that the federal hiring reforms do not go far enough, urging that cannabis be removed from the Schedule I list of prohibited substances. They noted that people who use cannabis outside of work are at no greater risk on the job, highlighting the continuing prohibitions as ineffective and discriminatory.
