Democratic Lawmaker Targets Elon Musk With Bill Mandating Drug Testing For Special Government Employees

A Democratic congresswoman has filed a bill that would require Elon Musk and other Department of Government Efficiency (DOGE) workers to submit to drug testing to maintain their “special government employee” status.

Rep. Mikie Sherrill (D-NJ) introduced the legislation on Tuesday, arguing that if Musk, who her office described in a press release as having a “well-documented history of drug use”—is entrusted with highly sensitive material and taking critical administrative actions, he should follow the same drug testing policies of other executive officials.

“Donald Trump has given billionaire Elon Musk the keys to our government, and with it, access to highly sensitive information—from Treasury and Social Security data to even our most guarded military plans,” Sherrill, who is currently running for New Jersey governor, said. “Those with access to sensitive information must be thoroughly vetted, clear-eyed, and exercise good judgment.”

“Elon Musk and his DOGE employees should be held to the same standard as other executive branch employees, whether that’s for conflicts of interest or passing a drug test to maintain employment or a security clearance,” she said.

“In the wake of Trump’s top national security officials sharing classified information on an unsecured Signal group chat—putting our service members’ lives at risk—it’s more important than ever to protect the American people from the Trump Administration’s reckless incompetence and blatant disregard for national security.”

The text of the bill isn’t currently available, so it’s unclear exactly how the proposed drug screening policy would be implemented.

Drug policy reform advocates generally oppose drug testing people as a condition of employment, arguing that it perpetuates stigmas that economically punish people and that drug use off the job is not necessarily indicative of a person’s capacity to perform their duties.

In this case, however, the proposal would align with what Musk himself called a “great idea” in February, when he voiced support for drug testing all federal employees. And as Sherrill’s office pointed out, Musk’s use of the dissociative anesthetic ketamine is well-documented.

“Typically, government officials with access to highly sensitive information are required to pass a drug test and are subject to intermittent random testing as a condition of their employment,” the press release for Sherrill’s bill says. “This ensures that officials who have access to our government’s most sensitive information are following the law and cannot be blackmailed for their illegal drug use.”

“Sherrill’s bill would require Elon Musk and other Special Government Employees like him to consistently pass these same drug tests in order to maintain access to sensitive information,” it said.

Although the use of Schedule I drugs like marijuana by federal government workers remains prohibited under a 1986 executive order from then-President Ronald Reagan, some attorneys have suggested that, if cannabis is moved to Schedule III as is currently being considered by the Drug Enforcement Administration (DEA), that could lift the restrictions based on how “illegal drugs” are defined under the order.

Meanwhile, Musk’s endorsement of widespread drug testing came in spite of the fact that previously gotten into hot water after puffing a marijuana joint on Joe Rogan’s podcast while owning a federally contracted aerospace company, SpaceX. (He later claimed he never actually inhaled.)

The DOGE chair has also said he feels CBD from cannabis is overhyped and “doesn’t do anything.”

As part of the department’s work slashing government spending, DOGE recently touted its cancellation of federal grant funding for a study examining cannabis use risks among LGBTQ+ individuals, non-binary people and heterosexual women.

Last month, Musk and Sen. Ted Cruz (R-TX) also shared a laugh on the senator’s podcast over the idea of boosting viewership by smoking marijuana.