Ҥ 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 metabolite 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 documentation (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 agency; or

“(B) if the individual is an employee of the Executive agency, subject to any other adverse personnel action.

“(2) For purposes of this section—

“(A) the term ‘Executive agency’ has the meaning given that term in section 105, and includes the United States Postal Service and the Postal Regulatory 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 clearance or access to a highly sensitive program (as that term is defined in section 3001(a)(4) of the Intelligence 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.”.