Marijuana is legal for adults in many states, and in April 2026 the Department of Justice moved certain medical marijuana products to Schedule III of the Controlled Substances Act. Not surprisingly, many clearance holders and applicants now ask whether marijuana use is acceptable. For anyone who holds a security clearance, or hopes to, the short answer is still no. Here is what the rules actually say, and how adjudicators look at past and present use.
Marijuana is still a controlled substance under federal law
The April 23, 2026 final rule moved only a narrow set of products to Schedule III: FDA-approved drugs containing marijuana and state-regulated medical marijuana products. All other marijuana remains in Schedule I. A broader rescheduling proceeding, directed by a December 18, 2025 executive order, was paused by a DEA administrative law judge in September 2026. State legalization, recreational or medical, does not change federal law.
Even full rescheduling would not make marijuana use “clearance-safe.” Schedule III drugs are still controlled substances, and using them without a valid prescription remains illegal. Security clearance rules address both the illegal use of controlled substances and the misuse of prescription drugs.
How adjudicators evaluate marijuana use
Clearance decisions across the federal government are governed by the National Security Adjudicative Guidelines, known as SEAD 4, which took effect on June 8, 2017. Marijuana falls under Guideline H, Drug Involvement and Substance Misuse. Conditions that can raise a security concern include any substance misuse, testing positive for an illegal drug, illegal possession, any illegal drug use while holding a clearance or sensitive position, and an expressed intent to continue using.
Two other authorities matter:
- The Bond Amendment bars federal agencies from granting or renewing a clearance for anyone who is an unlawful user of a controlled substance or an addict.
- The Director of National Intelligence’s December 2021 clarifying guidance confirmed that marijuana remains illegal under federal law for clearance purposes. It explained that prior recreational use is relevant but not determinative, encouraged agencies to advise applicants to stop any use once they sign the SF-86, and cautioned that CBD products may contain enough THC to cause a positive drug test.
Adjudicators apply the “whole-person concept,” weighing the nature, frequency, and recency of the use along with everything else in a person’s background. Marijuana use can also raise concerns under Guideline E (personal conduct) and Guideline J (criminal conduct).
Past use is not automatically disqualifying
Many people who used marijuana in the past hold clearances today. SEAD 4 lists mitigating conditions for Guideline H, including:
- The use happened long enough ago, infrequently enough, or under circumstances that make it unlikely to recur.
- The person acknowledges the drug involvement and has established a pattern of abstinence, for example by disassociating from drug-using contacts, avoiding the environment where drugs were used, and signing a statement of intent to abstain that acknowledges any future involvement is grounds for revocation.
Honesty on the SF-86 matters most
Section 23 of the SF-86 asks about illegal drug use in the last seven years and about any use while holding a clearance. Concealing or minimizing use is often far more damaging than the use itself: it raises a separate personal conduct concern, and knowingly false statements on a federal form can be a crime. Answer fully and accurately, and be consistent in your security interview.
Medical marijuana and CBD
Even where a product is now in Schedule III, agency policies, the federal drug-free workplace program, and contractor policies may still prohibit its use, and drug testing continues. CBD products are loosely regulated and can contain THC. Anyone holding a clearance or sensitive position should talk to their security office, or to counsel, before using any marijuana-derived product.
Practical steps
- Do not use marijuana while holding a clearance or after signing the SF-86.
- Report past use truthfully and completely.
- Keep evidence of abstinence, such as negative drug tests and a signed statement of intent.
- If you receive interrogatories or a Statement of Reasons that raises drug involvement, get advice before you respond.
How we can help
Compass Rose Legal Group represents applicants and clearance holders at every stage of the security clearance process, from completing the SF-86 to responding to a Statement of Reasons and appealing an unfavorable decision. To discuss your situation, contact the firm.
This article provides general information as of October 2026 and is not legal advice. Reading it does not create an attorney-client relationship.