I 
115TH CONGRESS 
2D SESSION 
H. R. 6589 
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 
JULY 26, 2018 
Mr. CRIST (for himself and Mr. FERGUSON) introduced the following bill; 
which was referred to the Committee on Oversight and Government 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 indi-
vidual resides, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Federal 
Drug Testing Under State Laws Act’’. 
VerDate Sep 11 2014 
21:16 Aug 10, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6589.IH
H6589
tkelley on DSKBCP9HB2PROD with BILLS
SEC. 2. FEDERAL EMPLOYMENT AND INDIVIDUALS USING 
MARIJUANA IN COMPLIANCE WITH STATE 
LAW. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 3330f. Federal employment and individuals using 
marijuana in compliance with State law 
‘‘(a)(1) An individual whose residence is in a State 
where that individual’s private use of marijuana is not 
prohibited, who is tested under a drug testing program 
of any Executive agency without probable cause to believe 
that the individual is under the influence of marijuana, 
who tests positive for past marijuana use (determined by 
the presence of tetrahydrocannabinol or marijuana me-
tabolite in the sample provided by the individual), and, 
in the case of an individual whose use of marijuana was 
for medical purposes, who is able to provide documenta-
tion (in such form and manner as the Office of Personnel 
Management may prescribe) attesting to the lawful nature 
of such use under the law of the State, may not, based 
solely on such positive test, be— 
‘‘(A) denied employment at an Executive agen-
cy; or 
VerDate Sep 11 2014 
04:37 Aug 10, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6589.IH
H6589
tkelley on DSKBCP9HB2PROD with BILLS
‘‘(B) if the individual is an employee of the Ex-
ecutive agency, subject to any other adverse per-
sonnel action. 
‘‘(2) For purposes of this section— 
‘‘(A) the term ‘Executive agency’ has the mean-
ing given that term in section 105, and includes the 
United States Postal Service and the Postal Regu-
latory Commission; 
‘‘(B) the term ‘marijuana’ means marihuana 
(as such term is defined in section 102(16) of the 
Controlled Substances Act (21 U.S.C. 802(16))); 
‘‘(C) the term ‘individual’ does not include any 
individual applying for or occupying a position at an 
Executive agency which requires a top secret clear-
ance or access to a highly sensitive program (as that 
term is defined in section 3001(a)(4) of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 3341(a)(4))); and 
‘‘(D) the term ‘State’ means any State, the 
District of Columbia, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, 
the Virgin Islands, Guam, American Samoa, or any 
other territory or possession of the United States.’’. 
VerDate Sep 11 2014 
04:37 Aug 10, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6589.IH
H6589
tkelley on DSKBCP9HB2PROD with BILLS