Who to Talk to When Your Spouse Needs Medicinal Marijuana

Spousal medical marijuana use can be a policy gray area and security clearance holders should tread lightly. Marijuana is still illegal at the federal level. While the Office of the Director of National Intelligence issued clarifying guidance in 2021 about how past use should not be a determining factor alone in making an adjudicative decision, that doesn’t mean current association with marijuana isn’t a clearance issue.

But there is a big difference in perceptions behind recreational and medicinal marijuana. Which may lead clearance holders to ask if a FSO may cut some slack for procuring or administering marijuana for a spouse with cancer One ClearanceJobsBlog subscriber writes:

I am a contractor with active TS; my wife has been treated for Leukemia since August and is now being advised to consider Medical Marijuana. While I have no intention of sampling any of her products, I am her caregiver and will be shopping on her behalf.

I plan to discuss this matter with the FSO because I believe such a situation should be documented accordingly. Should I do anything else?

Thanks in advance for your response.

Previously, we wrote about a security clearance holder who worried that their spouse’s medicinal marijuana use would affect their clearance eligibility. They reside in a state where medicinal and recreational use is legal in 2020 and was administered by a nurse while the clearance holder is present.

Now 2023, marijuana use is STILL illegal at the federal level – so adjudicative guidelines for personal/criminal conduct and drugs could be at play if Uncle Sam were to find out what you know.

One word of advice, especially for those with serious illness and cancer, was to remove yourself from the situation further and take action to ensure you are not in the house while it’s being used/administered.

In the age of self-reporting, however, security professionals are concerned about what you are lying about or have to hide – so have a candid conversation with your FSO, and they will help you put your best foot forward. The Defense Office of Hearings and Appeals (DOHA), has indicated cases where an individual has successfully been able to maintain clearance eligibility while a spouse has needed to use marijuana to address cancer symptoms.

Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” For this reason, we maintain ClearanceJobsBlog.com – a forum where clearance seekers can ask the cleared community for advice on their specific security concerns. Ask CJ explores questions posed on the ClearanceJobs Blog forum, emails received, and comments from this site. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.