On September 27, a congressional committee will vote on a bill concerning covered applicants’ past or present use of marijuana. It would prevent employers from considering marijuana use in the hiring decision. It also stops employers from denying security clearance to cannabis users under the existing code. 

This bill is the Cannabis Users’ Restoration of Eligibility (CURE). If passed, it could significantly increase job opportunities if you use or have used marijuana. It would also grant relief to people who previously lost job opportunities because they used marijuana. Furthermore, it would require every federal agency to create a process that reviews cases from January 1, 2008. However, these cases must involve marijuana preventing a person from acquiring security clearance or work. 

How It Works

The CURE bill would also have a website for you to request a review of prior denials. These requests must involve decisions that denied a security clearance or job due to marijuana use. After filing an eligible case, the agency that denied you for marijuana use must reconsider the decision.

You will have 30 days to appeal a decision if the agency reconsiders your case and still denies you the job or security clearance. You may file the appeal with the Merit Systems Protection Board (MSPB). The MSPB must have the decision reviewed within 120 days. Should the MSPB determine the denial still accounted for marijuana use, it will instruct the involved federal agency to reassess your request.

Previous Attempts

There have been other attempts to pass legislation similar to the CURE bill. Though unsuccessful, some federal agencies have already changed their policies concerning marijuana. These agencies include the U.S. Secret Service, the Federal Bureau of Investigation, and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). 

As such, you could find increased opportunities at these agencies. If the CURE Act does not pass, the Drug Enforcement Administration is considering rescheduling marijuana under the Controlled Substances Act. Rescheduling marijuana could cause more federal agencies to change their employment policies.

If the CURE Act passes, it would increase job opportunities for many people. However, several federal agencies have already changed their policies concerning marijuana, and more agencies could decide to do so. As such, using marijuana should not prevent you from applying for work with federal agencies or obtaining security clearances.

Regardless, you should consider conducting a self-background check before applying. A self-check would allow you to correct any errors in your report. It also allows you to determine how best to explain any possible negative information.

Discover more about JDP’s reliable and secure self-background checks. Speak to a Sales Rep today.

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As of August 1, 2023, Minnesota will allow residents to possess up to two ounces of marijuana. They may also grow up to eight plants at home. However, this change will also affect the workplace.

For example, it will provide several protections for workers when using cannabis off-duty. These protections may require employers to adjust their employment policies. Furthermore, the employment provisions already took effect, starting on July 1, 2023.

This new law could mean more employment opportunities if you are a cannabis user looking for work. According to the law, employers cannot require an applicant to undergo a drug test for marijuana as a condition of employment. However, the law includes a few exceptions. These exceptions include positions among firefighters, childcare workers, police officers, healthcare workers, and people needing a commercial driver’s license.

However, you should know that employers can still ban the use of cannabis or cannabis products in the workplace. As such, employers can still terminate you for working while impaired. They can also require a drug test if they reasonably suspect you are working under the influence.

Employers must have a workplace drug policy to require drug testing or disciplinary actions against marijuana use. However, this policy must comply with the Drug and Alcohol Testing in the Workplace Act (DATWA). 

Here are the requirements for employers’ drug policies to comply with the DATWA:

• The policy subjects employees or job applicants to testing;
• Circumstances that require or request drug or alcohol testing;
• Informs the employees or job applicants of their right to refuse drug and alcohol testing, including the consequences of refusal
• Any disciplinary or other adverse personnel action taken based on a confirmatory test verifying a positive test result on an initial screening test;
• The right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and
• Other appeal procedures available

If your employer has a workplace drug policy, they must provide you with a copy of it in writing. The notice also requires the employer to inform you when they adopted the policy. Finally, the employer must post the workplace in an appropriate and conspicuous location.

This policy should improve your employment opportunities if you use cannabis. In addition, consider running a self-background check before applying for a new job. It will allow you to correct any errors and prepare to explain any negative information it may contain.

Discover more about our reliable and secure self-background checks by clicking here. Get started today.

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