So I have been waiting forever. I was laid off in April and trying to get a job while waiting. I interviewed with a company few weeks back and my husband is against it. The company makes medical marijuana . He think it will be bad for the security clearance… I didn’t think anything of it since it is not like i am using it. But I saw the news today that session wants to go after medical marijuana providers. And I supposed it is still illegal at federal level. Will I get in trouble with security clearance if i do take a job there?
All you have to do is read the 2nd question in Section 23 on the SF-86 for your answer. Yes, it will affect your ability to obtain a security clearance.
So I look at the question. It says “have you been involved in the illegal purchase, manufacture, cultivation,
trafficking, production, transfer, shipping, receiving, handling or sale of any drug or controlled substanc”… but in this case, it is “legal” for my state. And this company is a legal company with state permit. So when it says “illegal” , is that “illegal” to state or federal…
Marijuana is not legal at the federal level. The SF-86 is federal document used as the basis for obtaining a position of national security. The U.S. government does not recognize the legality of marijuana, regardless of what individual states may declare. Section 23 would absolutely apply in the case, and Marko was 100% correct in his guidance. Put simply, you should look for alternate employment if you wish to obtain a security clearance.
Thank you both VERY much. It will be however hard to tell my husband that he is right…
I fully agree with Marko and others above that it applies as it is not legal at the federal level. Trust me this issue arises again and again with people trying to claim “but it was legal there.” I would add to this answer that we are entering a new era, but I do not want to be on the pointy end of teh spear testing the maintaining of clearance after using state legal but federally not legal Pot. Though Sessions will go after medical MJ companies I honestly expect this administration to be overturned at every corner on every subject because of politics. I think we are seeing a sea change in acceptance of MJ as a legal item. How long before the federal government crosses over? Maybe never. Some felt this was a cause taken up by Democrat administrations even at the federal level. But the democrat who ran for President was dead set against legalization as is the liberal Democrat governor of my state, Virginia. Point being you cannot count on one party or the other to ramrod legalization through.