A few years ago, I tried magic truffles in Amsterdam where it was legal. In the illegal drug use section, do I need to include it? It seems it doesn’t apply because it wasn’t illegal drug use. At the same time I don’t want to omit it because don’t want to get denied for omitting even if it may not apply.
I would recommend listing it. People use marijuana in certain states in the US and it is technically legal, but then get jammed up during the security clearance process by not mentioning it and it is found out. It is still illegal in the eyes of the government and they’re the ones issuing the clearance, so what they say goes.
You also don’t really know what the Investigator will ask during the interview. They can word questions differently to include a “even if it was technically legal” on a drug question. They might also take notice of your trip to Amsterdam (assuming you list it) and focus in on potential drug use. If you don’t list it initially and end up having to tell them about it… not a good look.
if the drug is illegal in the US you need to report it. “What goes on in the Netherlands, stays in the Netherlands” is an urban myth that can cause a clearance denial.
Are you a citizen of Holland? The questions on the SF-86 apply to US laws not other Countries. If you used drugs that are illegal under federal law it doesn’t matter if they were legal ion another Country or not. You need to report it as though you did it as a citizen of the United states. You also have to report that you were in Amsterdam, even if it was for pleasure if it was within the past 7 years.