MJ Use with current clearance while working private, non-government related job

I left my job in defense contracting in the summer of 2021. I consumed MJ one time while working in a private, non-government related job while I was on vacation in a state where MJ is legal. I thought I did not have a clearance at all after I was debriefed and left my job in defense contracting. I also thought I was never going to work in defense again. Turns out my clearance was current for 2 years after leaving my job in defense. I returned to a defense contracting job and I’m being upgraded to TS/SCI (previously just had secret). I reported the use on my new SF-86 out of an abundance of caution as use of a substance while holding a clearance. Am I totally screwed or do I have a shot of everything going smoothly ?

@sbusquirrel @Marko can you chime in on this ?

If you explained it just as you have here then it provides a mitigating factor so that is in your favor. No one here can possibly provide you an answer, each case is reviewed on its own merits.


Concur Marko. I would not speak to state legal, as fed legal is current standard. But your explanation holds water. If curiosity is satisfied. No intent to reuse…believing the clearance stayed at the “seat” and you werent cleared…maybe.
I’d expect this question"as one previously working with classified, were you aware it was not allowed?"
This can be mitigated if sufficient enough time expired after the use.

But, individual adjudicators…some are tough on subject…others are aware of changing tide and many more states legalizing. Since you reported (good on you), I see that as hugely in your favor.

As ever more states allow, recruitment continues to suffer, cleared wotld attitudes will have to accept the new reality eventually.

1 Like

Yeah, the use was last October so it has been almost a year.

Having been in a full scope poly cleared program I can tell you many have to address this issue. Their question would be “person knowingly violated a Fed requirement even though state legal.” Kudos again on addressing it. If anyone attempted to blackmail you on use, you can tell them “Go ahead, its on my SF86.” So that aspect is mitigated. Some adjudicators hold the line on Fed say no, you knew, so there is the issue of you following rules.

That said we have seen appeals over turn denials concerning extensive use of higher class drugs.

1 Like

Just tell the investigator exactly like you just wrote it. Unless you have an excessively strict investigator, odds are they will just remind you that federal law still prohibits it and leave it at that.

1 Like

Excessively strict investigator? You do realize that the investigator does not make any decisions right?

Spell it out as you have here and provide a sworn statement acknowledging any future use will be fatal to your clearance. As others have noted, your reporting it at your first opportunity will help mitigate.

1 Like