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Downgrading marijuana could change federal employment rules

FILE - In this June 17, 2015 file photo, marijuana plants grow at LifeLine Labs in Cottage Grove, Minn. Minnesotans can legally possess and grow their own marijuana for recreational purposes starting Tuesday, Aug. 1, subject to limits meant to keep a lid on things while the state sets up a full-blown legal cannabis industry. (AP Photo/Jim Mone, File)

(NewsNation) — A Department of Health and Human Services recommendation to reclassify marijuana could mean a big change for potential federal employees.

Currently, marijuana is classified as a Class I drug, along with substances like heroin, making current or previous use of the drug potentially disqualifying for those who hope to work for the government.


While 23 states have legalized recreational marijuana, it is still illegal on the federal level. The Biden administration directed HHS to review the classification last year and the agency has since recommended the drug be reclassified as a Class III, a group that includes prescription drugs that are commonly misused.

However, it is ultimately up to the Drug Enforcement Agency to decide if marijuana should be moved to a lower class. The DEA is not expected to release a decision until next year.

In the meantime, federal agencies have loosened policies on marijuana use in recent years, no longer considering it an automatic disqualification.

A bipartisan House bill would make it so current or past marijuana use could not be used to disqualify someone from federal employment, but the bill has not advanced since it was introduced.