In a few months the online version of the Personnel Vetting Questionnaire (PVQ) should go live for use by everyone who needs (and is sponsored for) a clearance to do work for or on behalf of the federal government. By clearance, I mean eligibility under standards for basic federal employment suitability or fitness, Homeland Security Presidential Directive 12 Credentialing, Public Trust Positions, and Sensitive National Security Positions. The PVQ replaces the Standard Forms (SF) 85, 85P, 85P-S, and 86, which people applying for these types of positions are required to complete.
The final version of the PVQ was approved in November 2023 and has four parts (A, B, C, and D). All applicants will have to complete Part A. Depending on the type of position eligibility required, some applicants will also have to complete other parts of the form. Only Part A has drug questions. Each section of Part A has threshold questions. If an applicant answers “yes” to a threshold question, they need to answer follow up questions, called branching questions. Some branching questions have their own follow-up questions. Part A can be downloaded here.
Part A, Section 13 covers Marijuana and Cannabis Derivative Use. “Cannabis derivative refers to any cannabis-derived substance containing greater than .3% tetrahydrocannabinol (THC).” Section 12 of Part A covers all other drug involvement. Both Sections 12 and 13 use the term “national security position” to mean a sensitive national security position, whether or not the position requires access to classified national security information. Both sections also mention criminal justice and public safety positions. In this article for the purpose of brevity, national security, criminal justice, and public safety positions are all referred to simply as a “position of trust.” Marijuana and cannabis derivates (containing more than .3% THC) are referred to simply as marijuana.
SECTION 13—Use of and Other Involvement with Marijuana
Section 13 has four threshold questions, which appear in italics below:
Have you used marijuana or a cannabis derivative in the last 90 days? (Emphasis added)
If you answer “yes” to this threshold question, you’re then asked:
- to provide detailed information about all marijuana use during the past 5 years.
- whether your use of marijuana in the last 90 days occurred while in a position of trust and if so, the specifics about that use while in such position(s).
- whether you intend to use marijuana in the future, if you’re selected for employment in a position of trust or while occupying any position working for or on behalf of the federal government.
- why you intend to use or not use marijuana in the future while occupying a position of trust or any position working for or on behalf of the federal government.
Have you ever used marijuana or a cannabis derivative while in a national security position? (Answer “No” if this occurred in the past 90 days and you listed it above.)
Have you ever used marijuana or a cannabis derivative while employed in a criminal justice or public safety position? (“While employed” does not necessarily mean your use was “on the clock” or “on duty”.) (Answer “No” if this occurred in the past 90 days and you listed it above.) (Emphasis added)
If you answer “yes” to either of the threshold questions above, you are then asked to provide dates of first and last use, frequency of use, and circumstances of use while in a position of trust, regardless of how long ago it occurred.
In the past five years, have you been involved in the illegal manufacture, cultivation, trafficking, production, transfer, shipping, receiving, or sale of marijuana or a cannabis derivative? (Emphasis added)
If you answer “yes” to this threshold question, you are then asked for:
- dates of first and last involvement (regardless of how long ago the first involvement occurred),
- frequency of involvement,
- circumstances of involvement,
- whether the involvement occurred while in a position of trust, and if so, the specifics about the involvement while in such position(s).
- whether you intend to engage in this type of conduct in future while occupying a position of trust, or any position working for or on behalf of the federal government.
- why you intend or don’t intend to engage in this type of conduct in future while occupying a position of trust, or any position working for or on behalf of the federal government.
COMMENTS
On the surface, the biggest change in Section 13 appears to be that the simple use of marijuana only needs to be disclosed on the PVQ, if it occurred within the past 90 days. However, . . . if you were involved in the illegal “receiving” of marijuana anytime within the past 5 years, you have to disclose it. Since it’s federally illegal to possess marijuana, any receiving is also illegal. Additionally, if you answer “yes” to this question because you illegally received marijuana within the past 5 years, you must provide information about your entire history of receiving marijuana, regardless of how long ago it first occurred. This would include the circumstances related to receiving marijuana.
It makes no sense to reduce the time frame to 90 days for the question regarding past marijuana use, if an applicant who hasn’t used it within the past 90 days will still have to disclose marijuana use as a circumstance of receiving marijuana within the past 5 years. Hopefully, the word, “receiving” will be removed or at least be given a very restricted definition.
Another change is that the first threshold question in Section 13 now requires the disclosure of the legal use of marijuana in the past 90 days, such as smoking marijuana in Canada, Thailand, and some other foreign countries where recreational use is legal.
There are other significant anomalies in threshold questions in Section 13. You must disclose any use of marijuana, while in a position of trust, no matter how long ago it occurred. However, if your last illegal involvement with marijuana (other than use) happened more than 5 years ago, you don’t have to disclose it, even if you were in a position of trust at the time. It seems counterintuitive that sales and trafficking marijuana 6 years ago while employed as a law enforcement officer is not presumed relevant to the personnel security vetting process, but the single use of marijuana 20 years ago while employed as a law enforcement officer is presumed relevant.
Surprisingly, Section 13 does not ask any questions about negative impacts, counseling, or treatment resulting from marijuana use.
In the SF85 all the threshold questions regarding drugs are only “1-year” questions. Applicants who previously only had to complete the SF85 will now have to answer the marijuana questions in Section 13, which in effect cover the past 5 years or forever, if the marijuana use occurred while in a position of trust.
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