In this ClearanceJobs Connect session, clearance attorneys John Berry and Elisabeth Baker-Pham tackle the legal realities contractors face across security clearance and employment. The discussion begins with today’s dominant risk themes: marijuana, CBD, finances, and conduct. While standards are evolving, one constant remains—federal law still treats marijuana as illegal, and continued use after applying for a clearance is likely disqualifying. Appeals bodies such as DOHA have shown more nuance in recent years, but several intelligence community components continue to take a stricter stance.
The speakers underscore a core principle: candor beats omission. Applicants should disclose adverse facts clearly and contextually on the SF-86/eQIP, including when use stopped and why. Omissions are often harder to mitigate than honest mistakes, and “I was told not to list it” can quickly become a fatal error.
CBD sits in a gray zone. Some hemp-derived products may be lawful, yet poor labeling and inconsistent regulation mean they can still trigger a positive test. “It was just CBD” is not a defense. The safest course for cleared professionals: avoid it.
Beyond substance issues, Baker-Pham notes a recent uptick in questions about associations with individuals lacking legal status in the U.S., sometimes raised in suitability or fitness contexts. Whether that becomes a lasting trend remains to be seen, but it’s an area to watch.
On workforce dynamics, Berry observes that hiring freezes and departures inside agencies don’t eliminate mission needs; they often shift work to contractors. He anticipates increased contract opportunities as agencies seek capacity.
Finally, when an employee’s eligibility is challenged mid-contract, the panel encourages employers to avoid reflexive termination when possible. If there’s a path to resolution, consider placing the employee in a non-cleared role and maintaining sponsorship so work can resume once eligibility is restored. Many issues are solvable—with transparency, time, and sound legal guidance.
