Senate Committee Passes Amendment to Relax Restrictions on Claimants with a Cannabis History

The Senate Select Committee on Intelligence passed the Intelligence Authorization Act (IAA) for Fiscal Year 2023 (FY23) on June 22, which would prevent state intelligence agencies (such as the Central Intelligence Agency, the National Security Agency, and others) from approving job applicants for discriminate against past cannabis use.

Senator Ron Wyden is a senior member of the Senate Select Committee on Intelligence, which also passed whistleblower protections and increased cybersecurity efforts. “This bipartisan legislation makes significant strides to improve the treatment of whistleblowers and ensure that Congress can exercise genuine oversight over intelligence agencies,” Wyden said in a press statement. “I applaud the committee for including my provisions, particularly an amendment ensuring that past cannabis use does not prevent intelligence agency applicants from serving their country. It’s a reasonable change to ensure the IC [Intelligence Committee] can recruit the most capable people.”

The press release details the precise determination regarding cannabis. “Prohibit IC personnel from being denied security clearance solely on the basis of past cannabis use. Senator Wyden will continue to campaign to ensure that continued cannabis use is not the basis for denial or loss of a permit,” the press release said.

Wyden said on Twitter that Senator Martin Heinrich and Senator Kirsten Gillibrand are strong supporters of the change. “Big thanks to @MartinHeinrich and @SenGillibrand for their support of this sensible provision that will ensure the intelligence community can continue to recruit the most able people.”

The entire 16-person committee voted unanimously for the amendment, but it still needs Senate and House support and a signature from President Joe Biden before it can officially go into effect. According to the Wall Street Journal, the change is not yet public.

In July 2021, the Federal Bureau of Investigation (FBI) updated its hiring policies to also open up the pool of applicants. “Candidates must not have used marijuana or cannabis in any form (natural or synthetic) and in any location (domestic or foreign) within one (1) year prior to the date of their application for a position,” reads the updated website. It also states that any cannabis use before the age of 18 does not disqualify the applicant.

Previously, the wording indicated that applicants must not have used cannabis within three years “regardless of location of use (even if use of marijuana is legal in the applicant’s home state)”.

In December 2021, Director of National Intelligence Avril Haines issued a memo with some leads on cannabis use. “…the illegal use or misuse of controlled substances may raise security concerns about an individual’s reliability and trustworthiness, access to classified information, or occupancy of a sensitive position, as well as their ability or willingness to comply with laws, rules and regulations,” the note stated.

Due to the federally illegal status of cannabis, license applicants are still advised to abstain from cannabis use. “…given the longstanding federal law and policy prohibiting illicit drug use while in a sensitive position or possessing security clearance, authorities are encouraged to advise prospective national security personnel to refrain from any future marijuana use upon initiation the national security clearance process that begins once the individual signs the certification contained in Standard Form 86 (SF-86), Questionnaire for National Security Positions.”

The memo also includes clarification for cannabis company investments. Employees who have access to classified information and are in a sensitive position “may be adversely affected if that individual knowingly and directly invests in stocks or business ventures that specifically affect marijuana growers and retailers while cultivating and distributing marijuana in accordance with Handle remains illegal on the controlled substances,” the memo explained. However, should an employee not knowingly invest in a cannabis-related endeavor, they would not be accused of doing so.