A federal law enforcement agency has updated its employment policy to make it so applicants who\u2019ve grown, manufactured or sold marijuana in compliance with state laws while serving in a \u201cposition of public responsibility\u201d will no longer be automatically disqualified\u2014whereas those who did so in violation of state cannabis policies won\u2019t be considered.<\/p>\n
The new policy change by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)\u2014which makes an explicit distinction protecting applicants abiding by state legalization laws, as compared to those whose cannabis activity was unsanctioned by the state\u2014is particularly notable given ongoing federal marijuana prohibition.<\/p>\n
The federal government has long maintained that its drug laws supersede state laws. Yet ATF, which is part of the Department of Justice, has now enacted an employment policy that treats state-legal marijuana activity in the cannabis industry differently.<\/p>\n
Under ATF\u2019s \u201cAutomatic Drug Disqualifiers\u201d section of its revised employment policy that was posted this month, there\u2019s now a \u201cMarijuana\/Cannabis\u201d subsection.<\/p>\n
Here\u2019s what it says<\/a>:<\/strong><\/p>\n Use within a state\/locality that has legalized marijuana use or use for legal medical purposes, is still considered illegal by federal law. The following activities are automatically disqualifying:<\/p>\n There\u2019s also updated language in another section on illicit drug-related disqualifying factors overall:<\/strong><\/p>\n Illegal Drugs\/Controlled Substances (excluding Marijuana and prescribed controlled substances)<\/p>\n The following activities are automatically disqualifying:<\/p>\n ATF applicants can still potentially be denied employment for state-legal cannabis activities under the new policy, particularly when it occurs while serving in a position of public responsibility; it\u2019s just that such activity is no longer automatically disqualifying. In contrast, involvement with marijuana commerce that\u2019s not sanctioned by state or local law while serving in a position of public responsibility will get someone kicked out of the agency\u2019s hiring process no matter what, according to the policy update.<\/p>\n \u201cThe ATF Drug Policy refers only to activities that are automatically disqualifying,\u201d an agency spokesperson told Marijuana Moment in an email. \u201cATF reviews most policies on an annual basis, and this policy was updated this month.\u201d<\/p>\n ATF\u2019s previous drug policy for applicants, which is archived<\/a> online, did not specifically mention marijuana but said that the agency would \u201capply established internal guidelines to determine whether an applicant\u2019s past drug activities disqualify him\/her from hiring consideration.\u201d<\/p>\n It\u2019s also notable that the policy update comes amid multiple federal lawsuits challenging the constitutionality of the federal ban<\/a> that\u2019s kept cannabis consumers, including those operating in compliance with state law, from legally possessing or purchasing firearms. ATF is in charge of enforcing that policy via a question on gun purchase forms.<\/p>\n In 2020, ATF\u00a0issued an advisory specifically targeting Michigan<\/a>\u00a0that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state\u2019s cannabis laws had enabled \u201chabitual marijuana users\u201d and other disqualified individuals to obtain firearms illegally.<\/p>\n The agency isn\u2019t the only one to reform employment policies as the state-level marijuana legalization movement has continued to expand.<\/p>\n Late last year, draft documents obtained by Marijuana Moment showed that the federal Office of Personnel Management (OPM) was proposing to replace a series of job application forms for prospective workers in a way that would treat past cannabis use much more leniently<\/a> than under current policy.<\/p>\n The Biden administration instituted a policy in 2021 authorizing waivers to be granted to certain workers<\/a> who admit to prior marijuana use, but certain lawmakers have pushed for additional reform.<\/p>\n For example, Rep. Jamie Raskin (D-MD) said at a congressional hearing on marijuana legalization last year that he intended to file a bill<\/a>\u00a0aimed at protecting federal workers from being denied security clearances over marijuana.<\/p>\n Last year, the nation\u2019s largest union representing federal employees adopted a resolution in support of marijuana legalization and calling for an\u00a0end to policies that penalize federal workers<\/a>\u00a0who use cannabis responsibly while they\u2019re off the clock in states where it is legal.<\/p>\n The director of national intelligence (DNI) said in 2021 that federal employers shouldn\u2019t outright reject security clearance applicants<\/a>\u00a0over past use and should use discretion when it comes to those with cannabis investments in their stock portfolios.<\/p>\n FBI also updated its hiring policies that year to make it so candidates are only automatically disqualified from joining the agency if they admit to having used marijuana within one year<\/a>\u00a0of applying. Previously, prospective employees of the agency could not have used cannabis within the past three years.<\/p>\n The Department of Transportation (DOT) also took a different approach to its cannabis policy in 2020, stating in a notice that\u00a0it would not be testing drivers for CBD<\/a>. However, DOT has more recently reiterated that the workforce it regulates is prohibited from using marijuana and will continue to be tested for THC<\/a>, regardless of state cannabis policy.<\/p>\n Rep. Earl Blumenauer (D-OR) sent a letter to the head of DOT last year, stating that the agency\u2019s policies on drug testing truckers and other commercial drivers for marijuana are unnecessarily costing people their jobs<\/a>\u00a0and contributing to supply chain issues.<\/p>\n The Environment Protection Agency (EPA)\u00a0also emphasized to its workers<\/a>\u00a0that they are prohibited from using marijuana\u2014or directly investing in the industry\u2014no matter the state law or changes in \u201csocial norms\u201d around cannabis.<\/p>\n While the Biden administration did institute a waiver policy meant to provide discretion as it relates to federal employment and past cannabis use, it\u2019s come under fire from advocates following early reports that the White House fired or otherwise punished dozens of staffers who were honest about their history with marijuana.<\/p>\n Then-White House Press Secretary Jen Psaki\u00a0attempted to minimize the fallout<\/a>, without much success, and her office released a statement in 2021 stipulating that nobody was fired for \u201cmarijuana usage from years ago,\u201d<\/a>\u00a0nor has anyone been terminated \u201cdue to casual or infrequent use during the prior 12 months.\u201d<\/p>\n Meanwhile, Republican congressional lawmakers have filed two bills so far this session that focus on gun and marijuana policy.<\/p>\n Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed legislation last week to protect the Second Amendment rights of people who use marijuana in legal states, allowing them to purchase and possess firearms<\/a> that they\u2019re currently prohibited from having under federal law.<\/p>\n Mast is also\u00a0cosponsoring a separate bill from Rep. Alex Mooney (R-WV)<\/a>\u00a0this session that would more narrowly allow medical cannabis patients to purchase and possess firearms.<\/p>\n Senate Republicans Block Marijuana Research Bill For Veterans In Procedural Vote<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Martin Alonso<\/a>.<\/em><\/p>\n The post Federal Law Enforcement Agency Says State-Legal Marijuana Activity Will No Longer Automatically Disqualify Job Applicants<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
A federal law enforcement agency has updated its employment policy to make it so applicants who\u2019ve grown, manufactured or sold marijuana in compliance with state laws while serving in a \u201cposition of public responsibility\u201d will no longer be automatically disqualified\u2014whereas those who did so in violation of state cannabis policiesContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/64328"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=64328"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/64328\/revisions"}],"predecessor-version":[{"id":64329,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/64328\/revisions\/64329"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=64328"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=64328"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=64328"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
\n
\n
\n
\nDistribution, sale, or transporting controlled substances, for profit, without legal authorization.<\/li>\n\n
\n
\nRead More: Federal Law Enforcement Agency Says State-Legal Marijuana Activity Will No Longer Automatically Disqualify Job Applicants<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"