6/24/2023 0 Comments Clandestiny cannabisThe Guidance makes a distinction between “direct” and “indirect” investments and notes that divestment is a mitigating factor. Knowingly investing in a cannabis business is verboten. His clearance was eventually reinstated based on his written promise never to use CBD-oil products again, but only after a lengthy unpaid leave and appeals process. Five days after starting the oil at only half the recommended dose, he failed a random drug test and his clearance was suspended. He had consulted with both his doctor on the health benefits and the medical staff at his place of employment on his employer’s drug policy. In defending his clearance, he admitted using CBD oil for joint pain but believed the use was legal under federal law because the product was labeled as containing less than 0.3 percent THC. There, a security-cleared employee failed a marijuana test. 6Ī 2019 Department of Energy administrative appeal decision illustrates the security clearance risks that could result from using CBD products. 5 Although many states impose such requirements, those laws are not uniform and some products labeled as below 0.3 percent THC have tested much higher. The Guidance further cautions that there is no federal system for testing and certifying the percent of THC in hemp and CBD products. In addition, an individual inadvertently could purchase a product that exceeds the 0.3 percent THC limit, which the Guidance notes falls within the legal definition of marijuana. Because THC is a naturally occurring substance in hemp plants, many hemp-derived products contain traces of THC, which could show up on a drug test. Under the 2018 law, hemp and its derivatives must not contain more than 0.3 percent delta-9 tetrahydrocannabinol (THC)-the psychoactive ingredient in cannabis. Although Congress legalized hemp and its derivatives such as CBD in 2018, 4 use of products containing these substances could result in a positive drug test. The use of CBD products risks tripping up a holder of or an applicant for a security clearance. ![]() For past recreational marijuana use, these factors include frequency of use, the likelihood of recurrence, and whether the applicant signs an attestation or provides other support demonstrating that future use is unlikely.Īlthough the Guidance does not mention medical use of marijuana, it presumably applies to it, as well, as such use can also violate federal law even if permitted in certain states.ĬBD. Specific behaviors are viewed in light of mitigating (as well as aggravating) factors. Past recreational marijuana use is relevant but not determinative for security clearance eligibility and can be mitigated under the “whole-person” approach that guides clearance determinations. The Guidance addresses three specific areas related to cannabis: (1) recreational use (2) use of CBD products and (3) investments in cannabis companies. The memo notes multiple times, however, that previous disregard of federal laws pertaining to marijuana is “relevant,” but not “determinative.” Agencies are required to employ a “whole-person concept.” Under this standard, 3 agencies weigh a number of factors to determine security clearance eligibility, taking into account a holistic picture of the applicant. 2 Cannabis use is illegal under federal law, even when permitted under state law, and raises concerns about an individual's willingness to abide by federal law under the national security directive governing issuance of a security clearance. The short Clarifying Guidance memorandum begins with a brief introductory reminder-violating federal laws “can raise concerns” regarding security clearance eligibility. How much clarity the Guidance provides is-like the area of law it governs-not entirely clear. Such clearances are a prerequisite to obtaining access to national security information. ![]() As readers may know, the United States government grants security clearances to individuals who are employees of the US government, of US government contractors, or others involved in activities relating to the US government. ![]() In light of the recent wave of states legalizing cannabis, the Director of National Intelligence (DNI) recently released “Clarifying Guidance” 1 on how the personal use of cannabis, hemp-derived cannabidiol (CBD) products, and investments in cannabis-related companies may impact an individual’s security clearance eligibility.
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