There is a lot of confusion about marijuana use while possessing a clearance now that a number of states have legalized recreational use of the substance. Marijuana use, however, remains illegal at the federal level. While a small amount of recreational use prior to applying for a clearance may be mitigated by legality at the state level or medical purposes, marijuana remains a controlled substance and its use is prohibited while possessing a clearance. Testing positive on a urinalysis test or an arrest for possession of marijuana is not a required indicator of use – the SF-86 requires the disclosure of controlled substances and/or misuse of prescription medications during the last seven (7) years. This includes the use of both THC-8 and THC-9, regardless of its legality in any particular state.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
