Previous marijuana use won’t cost you a federal job, top official eases restrictions

For years, marijuana use has been and remains a red flag when reviewing the security clearance. The mood seems to be changing, however, as more states legalize the plant, writes Marijuana Moment.

Avril Haines, director of the National Intelligence Service (DNI), says applicants for a security clearance who have consumed cannabis should not be immediately turned down when applying for a job with the federal agency. This internal notice, distributed to nearly 100 agencies in late December, builds on guidelines previously approved under the Obama administration.

Still, cannabis appears to remain a concern in the application process, even if the plant is not a new topic for applicants requesting safety reviews.

The use of controlled substances, Haines wrote in a document first reported on Monday by ClearanceJobs, “can raise security concerns about the reliability and trustworthiness of a person with regard to access to classified information or the perception of a sensitive position, and their ability or willingness to comply with these regulations let laws, rules and regulations. “

And while the federal law on marijuana and an individual’s past use “remains relevant”, according to the memo, it is “not critical” to decisions about “eligibility to access classified information or eligibility to hold a sensitive position”.

An overview of recent marijuana use and how it was used

Federal employment judges should look beyond marijuana use alone and determine the frequency of use and the likelihood that a person will continue to use cannabis, the memo said.

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“In addition, given long-standing federal law and policies prohibiting illicit drug use in a sensitive position or in possession of a security clearance, authorities are encouraged to advise potential national security workers to refrain from any future marijuana use when initiating the.” national security clearance process that begins once the individual has signed the certification contained in Standard Form 86 (SF-86), National Security Positions Questionnaire. “

Haines also noted that the policy could be further amended if there is a “change to federal marijuana use law”.

Cannabis-related investment advice

In addition, the memo states that federal employers should exercise discretion with applicants with cannabis investments in their stock portfolios – a novelty compared to the earlier DNI memo on the subject, which was signed by then DNI James Clapper in 2014.

It should be noted that if an individual knowingly and directly invests in stocks or business entities specifically related to marijuana growers and retailers during the period of a person’s knowledge, authorization to access classified information or hold a sensitive position may be adversely affected Cultivation and distribution of marijuana remain illegal ”. according to federal law.

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Regarding indirect marijuana investments, “Arbitrators should assume that the individual did not knowingly invest in a marijuana business; therefore the indirect investment should not be viewed as relevant to the decision. “

However, if a person willingly invests in an activity, including a marijuana-related business, in breach of federal law, it could reflect questionable judgment and unwillingness to comply with laws, rules and regulations, ”the document reads.

This article originally appeared on Benzinga and was republished with permission.