WASHINGTON – The Biden government is issuing new guidelines on Friday aimed at addressing an unexpected obstacle it faced in trying to quickly fill key White House positions: recreational use of marijuana.
Although marijuana use is legal in an increasing number of cities and states, it is still illegal under federal law and is therefore a potentially disqualifying factor in obtaining safety permits. Transition officials quickly identified recreational marijuana use as a potential obstacle for petitioners, especially younger people, in meeting this requirement.
After what an officer described as “intensive consultation with security officers” and the Personnel Security Division, the White House will now, on a case-by-case basis, waive the requirement for potential appointments in the Executive Office of the President (EOP) ) be eligible for a “Top Secret” authorization. The authorities said the exemption would only be granted to those who used marijuana in a “limited” way and who are in positions that do not require security clearance.
A White House official emphasized that the policy applies only to the use of marijuana. And even under the new policy, some nominees would still not receive an exemption given the extent of their recognized use of marijuana.
Four states voted last November to join 11 and Washington, DC, to sanction recreational marijuana use among adults, while nearly three dozen states allow the use of medical marijuana.
But marijuana continues to be categorized as a controlled substance under federal law, and requests for minimum safety permits require individuals to answer specific questions about any previous drug use. Ultimately, not all White House employees obtain a security clearance, but all nominees must go through a verification process that includes determining whether they are at least eligible for one.
Anyone who receives this exemption must, in turn, agree to cease all marijuana use during their entire government service and agree to random drug testing. These employees would also be required to work remotely for an unspecified period after their last recognized use of marijuana.
A White House official said the new guidelines “would effectively protect our national security while modernizing policies to ensure that talented and well-qualified candidates with limited use of marijuana are not prevented from serving the American people.”
“President Biden is committed to bringing the best people into government – especially young people whose commitment to public service can deepen in these positions and who can play leadership roles in our country in the coming decades,” said a White House official. in a statement to NBC News. “The White House policy will maintain the highest absolute standards of government service that the president expects from his government, while recognizing the reality that state and local marijuana laws have changed significantly across the country in recent years.”
A White House official declined to specify how many potential nominees would have been disqualified from the job – only that the marijuana use issue affected enough candidates for the government to decide to undergo a thorough review of existing policies.
The revised White House policy comes just days after the acting director of the Office of Personnel Management issued a memo to other departments of the executive branch and agency heads outlining the criteria they should consider when evaluating possible new hires.
“It would be inconsistent with suitability regulations to implement a policy of finding an individual unfit or unsuitable for federal service just based on recent marijuana use,” wrote Kathleen McGettigan. “The nature and seriousness of the use and the nature of the specific position…. These are probably also important considerations. “
In his 2020 campaign, Biden proposed to automatically eliminate all previous marijuana use convictions. But he did not go as far as some of his primary Democratic rivals in calling for federal decriminalization of marijuana, calling it a state decision.
