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A House version of the measure has languished in that chamber after being advanced from committee.

A Senate committee on Wednesday advanced legislation that would prevent federal agencies from rejecting job applicants solely due to past marijuana use.

According to Law360, the Senate Homeland Security and Governmental Affairs Committee voted 9-5 to move forward the Dismantling Outdated Obstacles and Barriers to Individual Employment (DOOBIE) Act without debate or discussion.

“The federal government must adapt its hiring practices to reflect the evolving legal and social landscape of our nation,” Sen. Gary Peters, the bill’s author, said in a statement.

The Michigan Democrat added, “My bill takes a crucial step by aligning federal policy with existing agency guidance, ensuring that past marijuana use alone doesn’t automatically disqualify talented individuals from public service.”

The DOOBIE Act says that federal agencies “may not base a suitability determination with respect to an individual solely on the past use of marijuana by the individual.” It would also prevent past marijuana use from being the sole factor in denying security clearances.

Additionally, the bill would require the Office of Personnel Management and Office of the Director of National Intelligence to issue regulations consistent with the policy.

The bill comes as more than half of U.S. states have legalized marijuana for medical or recreational use, creating disconnects between state laws and federal employment practices.

The legislation builds on a 2021 memo issued by Director of National Intelligence Avril Haines, which said that past marijuana use should no longer disqualify job candidates or prevent security clearance authorization. The DOOBIE Act would codify that stance into law.

A companion bill in the House of Representatives, known as the Cannabis Users’ Restoration of Eligibility (CURE) Act, has for the most part languished after being favorably reported out of the House Oversight Committee last September by a vote of 30-14.

Several states have already taken similar steps in the meantime. In Michigan, Gov. Gretchen Whitmer signed legislation last year prohibiting most public employees from being required to undergo pre-employment marijuana testing, with exceptions for certain “safety-sensitive” positions.

Other states with similar laws on the books:

California
Connecticut
Minnesota
Montana
Nevada
New York
New Jersey
Rhode Island
Washington
Washington D.C.

Still, when it comes to the DOOBIE Act, similar amendments and legislation have faced opposition in the past, particularly from some Republican senators. The bill would need to pass both chambers of Congress and receive support from the White House Office of Personnel Management to become effective policy.

The legislation now moves to the full Senate for consideration, where it’s expected to see debate.

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