California lawmakers have sent the governor a bill that would prohibit employers from asking job applicants about prior marijuana use. There are exceptions for employees in specific industries and those that require federal background checks and security clearances. This new legislation would build on existing employment protections enacted last session that bar employers from penalizing most workers for using cannabis in compliance with state law off the job.
Concerning federal restrictions on marijuana, a congressional committee is set to vote on a bill that aims to remove marijuana as a barrier to federal employment. The legislation proposes relief for those who lost employment opportunities due to cannabis use in the past. If passed, within one year of enactment, all federal agencies would be required to create a process to review each past decision to deny security clearances or job opportunities over cannabis use going back to January 1, 2008.
It’s worth noting that strict marijuana policies for security clearances have deterred many young people from applying for federal jobs. A recent survey found that 30% of 18 to 30-year-olds have either withdrawn or declined to apply for federal positions.
If the Drug Enforcement Administration reschedules marijuana, as the Department of Health and Human Services recently recommended, that could push federal agencies to review their employee drug policies further.
