While past marijuana use doesn’t automatically disqualify an applicant for obtaining a security clearance, it is a significant factor in the adjudication process. Current use is certainly disqualifying. But what about “moving” marijuana? No, not moving as in distribution. Literally touching / picking up the plant and moving it across a friend’s coffee table?
food1244 writes:
“If you are cleared/about to be cleared, and you go to a friend’s house or are in a situation where marijuana has to be moved. Is that ok? For example, you have food in your hand and need to put it down, to clean up a table, move something out of the way etc. Not a common place act of course, just something that could possibly happen.”
Short Answer: Being around marijuana can be risky for someone with a security clearance — even if you don’t use it yourself.
Honesty and a demonstrated commitment to complying with federal law are essential for navigating the security clearance process successfully.
Longer Answer:
John Berry, a security clearance lawyer cautioned that the issue of associating with those that use marijuana, even if the clearance holder/applicant does not, can still be an issue. He said that: “I have seen the issue come up mostly in Intelligence Community clearance cases following an investigation or polygraph examinations.”
Security clearances are governed by federal standards, not state laws. While many states have legalized recreational or medical marijuana, under federal law, marijuana is still classified as a Schedule I illegal drug. Even proximity or association with marijuana use can raise red flags under Adjudicative Guideline H: Drug Involvement and Substance Misuse.
“If facts come to light that show that a clearance holder/applicant associates with individuals that are using marijuana, especially if they are using in your presence, I have seen it raised as a security concern in security clearance cases,” Berry also notes. “While just being present wouldn’t seem to truly fit under Guideline H, it could be also considered under Guideline E of SEAD 4. Additionally, some agencies have questioned my clients under Guideline H as to how close (in feet) they have been to a person who was actively using marijuana.”
Best to steer clear of the Mary J and choose your associations wisely.
This question was posed from a subscriber at ClearanceJobsBlog.com, where you can read and discuss government security clearance process, how to get a security clearance job, and background investigations issues.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
