I 

116TH CONGRESS 

1ST SESSION H. R. 1687 

To amend title 5, United States Code, to remove limitations on Federal 

employment for an individual legally using marijuana under the law 

of the State in which the individual resides, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2019 

Mr. CRIST (for himself, Mr. YOUNG, Mr. BLUMENAUER, Mr. COHEN, Mr. 

GAETZ, Mr. MOULTON, Ms. NORTON, Mr. PANETTA, Mr. POCAN, and 

Mr. RASKIN) introduced the following bill; which was referred to the 

Committee on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to remove limitations 

on Federal employment for an individual legally using 

marijuana under the law of the State in which the individual resides, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness in Federal 

5 Drug Testing Under State Laws Act’’. 


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1 SEC. 2. FEDERAL EMPLOYMENT AND INDIVIDUALS USING 

2 MARIJUANA IN COMPLIANCE WITH STATE OR 

3 TRIBAL LAW. 

4 (a) IN GENERAL.—Subchapter I of chapter 33 of title 

5 5, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 3330f. Federal employment and individuals using 

8 marijuana in compliance with State or 

9 tribal law 

10 ‘‘(a)(1) An individual whose residence is in a State 

11 where that individual’s private use of marijuana is not 

12 prohibited, who is tested under a drug testing program 

13 of any Executive agency without probable cause to believe 

14 that the individual is under the influence of marijuana, 

15 who tests positive for past marijuana use (determined by 

16 the presence of tetrahydrocannabinol or marijuana me17 tabolite in the sample provided by the individual), and, 

18 in the case of an individual whose use of marijuana was 

19 for medical purposes, who is able to provide documenta20 tion (in such form and manner as the Office of Personnel 

21 Management may prescribe) attesting to the lawful nature 

22 of such use under the law of the State, may not, based 

23 solely on such positive test, be— 

24 ‘‘(A) denied employment at an Executive agen25 cy; or 


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1 ‘‘(B) if the individual is an employee of an Ex2 ecutive agency, subject to any adverse personnel ac3 tion. 

4 ‘‘(2) For purposes of this section— 

5 ‘‘(A) the term ‘Executive agency’ has the mean6 ing given that term in section 105, and includes the 

7 United States Postal Service and the Postal Regu8 latory Commission; 

9 ‘‘(B) the term ‘marijuana’ means marihuana 

10 (as such term is defined in section 102(16) of the 

11 Controlled Substances Act (21 U.S.C. 802(16))); 

12 ‘‘(C) the term ‘individual’ does not include any 

13 individual applying for or occupying a position at an 

14 Executive agency which requires a top secret clear15 ance or access to a highly sensitive program (as that 

16 term is defined in section 3001(a)(4) of the Intel17 ligence Reform and Terrorism Prevention Act of 

18 2004 (50 U.S.C. 3341(a)(4))); and 

19 ‘‘(D) the term ‘State’ means— 

20 ‘‘(i) any State or the District of Columbia; 

21 ‘‘(ii) the Commonwealth of Puerto Rico, 

22 the Commonwealth of the Northern Mariana Is23 lands, the Virgin Islands of the United States, 

24 Guam, American Samoa, or any other territory 

25 or possession of the United States; 


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1 ‘‘(iii) the Federated States of Micronesia, 

2 the Republic of the Marshall Islands, or the Re3 public of Palau; or 

4 ‘‘(iv) any land over which an Indian tribe 

5 (as defined in section 4 of the Indian Self-De6 termination and Education Assistance Act (25 

7 U.S.C. 5304)) has jurisdiction or any land held 

8 in trust for an Indian tribe.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 for such subchapter is amended by inserting after the item 

11 relating to section 3330e the following: 

‘‘3330f. Federal employment and individuals using marijuana in compliance with 

State or tribal law.’’. 

Æ 


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