Bill Would Protect Jobs of Federal Employees Using Marijuana

New legislation would protect the jobs of federal employees who use marijuana in states where it is legal.

Federal employees in certain states would legally be allowed to use marijuana without risking termination from their jobs if a new bill were to become law.

Marijuana is currently illegal at the federal level which means that any federal employees using it are subject to termination, even if they work or reside in a state in which it is legal. The Fairness in Federal Drug Testing Under State Laws Act (H.R. 6589), introduced by Congressman Charlie Crist (D-FL) and co-sponsored by Congressman Drew Ferguson (R-GA), would change that.

The bill would bar the government from denying employment or making federal employees “subject to any other adverse personnel action” if they had a positive drug test and lived in a state where it was legal.

The bill contains a couple of exceptions, however. One is if there was “probable cause to believe that the individual is under the influence of marijuana” in the workplace. Another is for federal employees applying for or holding positions involving “top secret clearance or access to a highly sensitive program.”

Marijuana Use and States’ Rights

A growing number of states have made marijuana legal, either for recreational and/or personal use. Marijuana is legal for recreational use in the District of Columbia, home to many federal agencies and their employees.

About the Author

Ian Smith is one of the co-founders of He has over 20 years of combined experience in media and government services, having worked at two government contracting firms and an online news and web development company prior to his current role at FedSmith.