SF-86; 23.4. "or while in a position directly and immediately affecting the public safety other than previously listed?"

23.4 - Have you EVER illegally used or otherwise been involved with a drug or controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; or while in a position directly and immediately affecting the public safety other than previously listed?

Two question here:

In this question, Would being an enlisted Marine fall under a position mentioned here?

Also, the drug in question is spice. around middle of 2011 when things started to come out about how bad it really was and it became illegal but at the time it was sold at gas stations and purchased legally around Military bases. Would this still be considered a drug or controlled substance?