Senate Panel Approves Marijuana Users For CIA, NSA Jobs
The Intelligence Authorization Act has been amended by a key Senate committee to include a provision that prevents agencies from denying security clearances to applicants solely based on their past marijuana use. The Senate Intelligence Committee unanimously passed the bill, following a 10-7 vote in favor of an amendment proposed by Senator Ron Wyden (D-OR). This amendment prohibits the denial of security clearances to intelligence agency applicants, such as those for the CIA and NSA, merely because they have acknowledged prior cannabis consumption.
In a press release, Senator Wyden stated that the bill encompasses bipartisan legislation that aims to reform the country’s flawed classification and declassification system. He further emphasized that his provision ensures that cannabis use does not disqualify applicants from serving in the intelligence community, highlighting the need to recruit the most capable individuals possible.
Last year, Senator Wyden submitted a broader amendment to the previous version of the authorization legislation, seeking to prevent employment discrimination based on past or current cannabis use within any federal department, not limited to intelligence agencies. However, the provision was scaled back through a secondary amendment from the committee’s chairman before being adopted. Eventually, the broader bill was rejected when two GOP senators objected to its attachment to the National Defense Authorization Act (NDAA) on the floor, citing concerns over the inclusion of marijuana-related language.
The exact text of the latest amendment has yet to be released, pending processing by legislative counsel. However, Wyden’s description suggests that the committee passed a similar provision to the more narrowly tailored proposal that was adopted last year.
Chairman Mark Warner (D-VA) stated in a press release that the overall bill advances the committee’s efforts to reform the security clearance process, aiming to attract and onboard a talented, diverse, and trusted workforce to address emerging challenges.
Senator Wyden raised the issue with Director of National Intelligence (DNI) Avril Haines during a committee hearing in March. Haines acknowledged that many states have legalized or decriminalized marijuana use and expressed the desire not to disqualify individuals solely on that basis within the appropriate context. She emphasized the need for a holistic assessment of individuals and compliance with policies and laws while holding trusted positions.
In 2021, the DNI issued a memo stating that federal employers should not automatically reject security clearance applicants based on past marijuana use and should exercise discretion when considering those with cannabis investments in their stock portfolios.
On the House side, prior to the passage of a federal marijuana legalization bill last year, Representative Jamie Raskin (D-MD) introduced an amendment requiring federal agencies to review security clearance denials dating back to 1971 and retroactively prevent cannabis from being used as a reason to deny or revoke a security clearance. However, this measure narrowly failed in a floor vote. Raskin stated that he plans to introduce standalone legislation on the issue but has not done so yet.
The Senate Intelligence Committee unanimously passed the Intelligence Authorization Act on Wednesday after voting 10-7 to adop an amendment proposed by Sen. Ron Wyden (D-OR) to prohibit security clearance denials for applicants to intelligence agencies like CIA and NSA just because they admitted to prior cannabis consumption.
Recently, the U.S. Secret Service (USSS) revised its employment policy to be more inclusive towards applicants with previous marijuana use. Under the updated policy, candidates of any age are eligible for consideration one year after their last cannabis consumption, removing stricter age-based restrictions that were previously in place.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has also made changes to its cannabis rules for job applicants. Individuals who have grown, manufactured, or sold marijuana in compliance with state laws while holding a “position of public responsibility” will no longer be automatically disqualified.
In 2020, the FBI updated its hiring policies, modifying the automatic disqualification criteria for candidates. Now, applicants will only be disqualified if they admit to using marijuana within one year of their application. Previously, the agency required a three-year cannabis use abstinence period for prospective employees.
Former FBI Director James Comey expressed a desire to relax the agency’s employment policies regarding marijuana in 2014, highlighting the need to compete for skilled workers who may have used cannabis prior to the interview.
The CIA also made a statement in 2020, indicating that it does not necessarily view individuals who use illegal drugs as inherently bad people.
In late 2020, draft documents obtained by Marijuana Moment revealed that the federal Office of Personnel Management (OPM) was considering changes to job application forms that would adopt a more lenient approach towards past cannabis use compared to current policies.
In 2021, the Biden administration implemented a policy allowing waivers to be granted to certain individuals who disclose prior marijuana use. However, some lawmakers have advocated for further reforms.
According to a recent survey, 30 percent of individuals aged 18 to 30 have either chosen not to apply or withdrawn their applications for federal jobs due to the strict marijuana policies required for security clearances.
