Federal lawmakers just imposed more restrictions on hemp-related products in the spending bill that was recently passed, ending the recent government shutdown. The legislation (pages 156-162) is a reversal of the 2018 Farm Bill provisions which had permitted many THC-infused products, in low doses.
Hemp, which is derived from the cannabis plant, was legalized in the 2018 Farm Bill for many industrial uses like textiles, rope and seed. However, the Farm Bill’s broad definition created a loophole in federal rules regarding THC allowing producers to extract psychoactive cannabinoids from federally legal hemp. Congress just ended this loophole and it will affect clearance holders.
The New Hemp Law
This new law will directly impact security clearance holders and applicants in the future. The new legislation closed the loopholes that allowed hemp-derived intoxicants like Delta-8 THC and Delta-10 THC to be sold legally and the change has consequences for security-clearance holders. The new restrictions tighten the definition of legal hemp, ban many psychoactive cannabinoids, and bring several hemp-based products under federal controlled-substance rules. For clearance holders, that means that the margin for error just disappeared. We advise clients that the safest route is to simply avoid all hemp/CBD-related products to protect their security clearance.
Why Clearance Holders Should Pay Attention
Hemp and CBD products have always been risky due to mislabeling and unregulated THC content. Now, with new federal limits on what qualifies as “legal hemp,” many products on store shelves will be effectively illegal under federal law even if they’re allowed in your state. And in a clearance investigation, federal law controls, not state law. We have often had CBD-related issues in security clearance cases and they have often caused security clearance problems for individuals. Now the bar has been set higher.
Often, clearance holders run into this issue following a drug test. It is important to keep in mind that a positive THC test even from a mislabeled product is still considered illegal drug use under the adjudicative guidelines in Security Executive Agent Directive 4 (SEAD 4), Guideline H, Paragraph 25 (b).
What’s Now Illegal
The new law bans:
- Delta-8 THC, Delta-10 THC, THCP, and other synthetic or modified cannabinoids
- Hemp-derived intoxicants designed to mimic THC
- Many “CBD” or “hemp” edibles, drinks, vapes, and tinctures
These products can now be treated the same as marijuana under federal standards and using them can jeopardize your clearance. Even before the bill, CBD usage was very risky for security clearance holders. Enforcement of these rules has varied depending on the federal agency involved and their adjudication unit.
What Clearance Holders Should Do
- Avoid all ingestible Hemp products: Any form of hemp that is ingested, whether in oils, gummies, vapes, or drops, can pose a potential risk to your security clearance.
- Don’t trust CBD labels: Mislabeling is rampant, and many products contain more THC than advertised. It is often the case that some agencies request proof that a CBD product didn’t contain more THC than permitted.
- Disclose any recent use honestly: On your SF-86, SF-86C forms and in interviews, honesty is always safer than concealment with regard to usage. You should consult with counsel if you have questions in this area.
- Report accidental use immediately: Security officers and adjudication personnel prefer proactive reporting over a surprise positive test.
Final Thoughts
This shouldn’t have to be the case, but the new hemp restrictions make using related products no longer a viable option if you hold a security clearance. I empathize with clearance holders who use these substances for health-related conditions. Many find relief. However, for cleared professionals, this is becoming a zero-tolerance landscape where the risk is not worth it. The safest move is to avoid hemp-derived products altogether. One mislabeled gummy or CBD product can potentially cost you your clearance and your career.
This article is intended for informational purposes only and does not constitute legal advice. Clearance adjudication processes and government policies may change. Consult an attorney regarding your specific situation.
