Security Clearances and Marijuana Rescheduling

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Marijuana Rescheduling to Schedule III and Security Clearances: What Changes — and What Doesn’t

Last updated: December 2025

There’s been a major headline in federal drug policy: the President has announced a push to move marijuana toward Schedule III under the Controlled Substances Act. Many people immediately ask the same question: “Does this mean marijuana use is now okay for security clearances?”

In most cases, the practical answer is: not yet — and maybe not for a while. Clearance eligibility is driven by federal law, agency policy, and the adjudicative guidelines. Even when the federal scheduling status changes, clearance policies often lag (and some employers and agencies may keep stricter rules regardless).

Key takeaway

Do not assume that moving marijuana to Schedule III makes use “clearance-safe.” If you hold a clearance (or you’re applying for one), marijuana use can still trigger concerns under Adjudicative Guideline H (Drug Involvement and Substance Misuse).

What “Schedule III” could mean

  • Lower classification than Schedule I, reflecting a different federal view of risk and medical use.
  • Potential for regulatory change over time (research, prescribing, and enforcement priorities may evolve).
  • But not automatic “legalization” of recreational use, and not an automatic policy change for clearance adjudications.

What rescheduling does not automatically change for clearance cases

  • Clearance standards are federal. State legalization (including “medical marijuana”) has historically not protected clearance holders from federal adjudication concerns.
  • Agency and employer drug policies may still prohibit marijuana use, even if federal scheduling changes.
  • Ongoing or recent use can still be viewed as poor judgment, unreliability, or unwillingness to follow rules.
  • SF-86 / e-QIP disclosure obligations don’t disappear. Omissions can become a bigger problem than the drug use itself.

How DOHA and agencies typically analyze marijuana issues (Guideline H)

In many cases, the core question isn’t “Have you ever used marijuana?” It’s: Does your past use create an ongoing risk today?

Common aggravating factors

  • Recent use (especially while holding a clearance or in a sensitive position)
  • Use after being warned by an employer, security officer, or during an investigation
  • Purchasing or distributing marijuana
  • Minimization (downplaying frequency or “it’s legal in my state” defenses)
  • Dishonesty or omissions on the SF-86/e-QIP or in interviews

Common mitigating factors (what winning cases usually show)

  • Clear cessation and a demonstrated period of abstinence
  • Credible intent not to use in the future (often in a signed statement)
  • Changed circumstances (new job requirements, new lifestyle, distance from drug-using environments)
  • Full candor from the beginning — consistent disclosures across forms and interviews
  • Whole-person stability (strong work record, stable finances, responsible conduct)

Practical guidance if you hold (or want) a security clearance

  1. Assume marijuana is still prohibited until your agency/employer issues clear written guidance.
  2. Do not rely on “state medical marijuana” as a clearance defense. Even if federal scheduling changes, agency policies may remain stricter.
  3. Be truthful and consistent in all disclosures. If you made a mistake, fix it promptly with counsel.
  4. If you used in the past, stop now and build a mitigation record: abstinence timeline, policy compliance, and lifestyle changes.
  5. Get advice early. The strategy for a clean mitigation presentation is often decided long before the hearing.

FAQ

Does Schedule III mean I can use marijuana and keep my clearance?

Not necessarily. Clearance adjudications and employer policies can remain stricter than general federal scheduling. Until your agency and employer issue explicit guidance, the safe assumption is that marijuana use remains a clearance risk.

What if I used marijuana legally under state law?

State legality has not historically controlled federal clearance outcomes. What matters most is recency, frequency, buying/distribution, candor, and whether the conduct is likely to recur.

If I already used marijuana, is my clearance automatically denied?

Not always. Many cases are winnable with proper mitigation: credible abstinence, a clear intent not to use again, and consistent, truthful disclosures.

Should I disclose marijuana use on the SF-86 / e-QIP?

You should answer the form exactly as written. Omissions can create separate issues that may be harder to overcome than the underlying conduct. If you’re unsure how to disclose or correct a prior answer, talk to counsel first.

Need help with a security clearance case?

If you’re facing a Statement of Reasons (SOR), a suitability denial, or questions about drug involvement under Guideline H, we can help you build a clear mitigation record and present the strongest case possible.

Contact Korody Law, P.A. for a confidential consultation

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Security clearance outcomes are fact-specific. If you need legal advice, consult an attorney about your particular situation.