The use of CBD products risks tripping up a holder of or an applicant for a security clearance. For past recreational marijuana use, these factors include frequency of use, the likelihood of recurrence, and whether the applicant signs an attestation or provides other support demonstrating that future use is unlikely.Īlthough the Guidance does not mention medical use of marijuana, it presumably applies to it, as well, as such use can also violate federal law even if permitted in certain states.ĬBD.
Specific behaviors are viewed in light of mitigating (as well as aggravating) factors. Past recreational marijuana use is relevant but not determinative for security clearance eligibility and can be mitigated under the “whole-person” approach that guides clearance determinations. The Guidance addresses three specific areas related to cannabis: (1) recreational use (2) use of CBD products and (3) investments in cannabis companies. The memo notes multiple times, however, that previous disregard of federal laws pertaining to marijuana is “relevant,” but not “determinative.” Agencies are required to employ a “whole-person concept.” Under this standard, 3 agencies weigh a number of factors to determine security clearance eligibility, taking into account a holistic picture of the applicant. 2 Cannabis use is illegal under federal law, even when permitted under state law, and raises concerns about an individual's willingness to abide by federal law under the national security directive governing issuance of a security clearance. The short Clarifying Guidance memorandum begins with a brief introductory reminder-violating federal laws “can raise concerns” regarding security clearance eligibility.
How much clarity the Guidance provides is-like the area of law it governs-not entirely clear. Such clearances are a prerequisite to obtaining access to national security information.
As readers may know, the United States government grants security clearances to individuals who are employees of the US government, of US government contractors, or others involved in activities relating to the US government. In light of the recent wave of states legalizing cannabis, the Director of National Intelligence (DNI) recently released “Clarifying Guidance” 1 on how the personal use of cannabis, hemp-derived cannabidiol (CBD) products, and investments in cannabis-related companies may impact an individual’s security clearance eligibility.
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