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 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’’. 
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SEC. 2. FEDERAL EMPLOYMENT AND INDIVIDUALS USING 
MARIJUANA IN COMPLIANCE WITH STATE OR 
TRIBAL 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 or 
tribal 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 
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‘‘(B) if the individual is an employee of an Ex-
ecutive agency, subject to any adverse personnel ac-
tion. 
‘‘(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— 
‘‘(i) any State or the District of Columbia; 
‘‘(ii) the Commonwealth of Puerto Rico, 
the Commonwealth of the Northern Mariana Is-
lands, the Virgin Islands of the United States, 
Guam, American Samoa, or any other territory 
or possession of the United States; 
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‘‘(iii) the Federated States of Micronesia, 
the Republic of the Marshall Islands, or the Re-
public of Palau; or 
‘‘(iv) any land over which an Indian tribe 
(as defined in section 4 of the Indian Self-De-
termination and Education Assistance Act (25 
U.S.C. 5304)) has jurisdiction or any land held 
in trust for an Indian tribe.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such subchapter is amended by inserting after the item 
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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