New National Intelligence Memo Says Federal Employers Should Not Make Hiring Decisions Based On Past Marijuana Use

While cannabis legalization continues to gain more traction throughout several states in the nation, the director of national intelligence (DNI) released a memo that says federal employers should not turn down security clearance applicants due to past use. They’re also encouraged to use discretion when hiring people with cannabis investments.

DNI Avril Haines recently released a new memo that follows up on past guidance approved under the Obama Administration. The new memo says that although cannabis is being legalized throughout many states, people using cannabis in positions that require national security clearance “remains an area of concern that should be accounted for in the application process.”

The notice, which was distributed to 100 agencies in late December, gave some leeway to applicants and employees who’ve used marijuana in the past. Haines wrote that she wants federal agencies to remind civilian, military, and contractor personnel who are eligible to access classified information or eligible to hold sensitive positions “of the importance of continued adherence to federal laws and policies” which has cannabis prohibited.

Haines wrote that illegal use of a controlled substance can increase “security concerns about an individual’s reliability and trustworthiness” as they access classified information or hold a sensitive position, as well as their “ability or willingness to comply with laws, rules, and regulations.”

ClearanceJobs first discovered the memo, which says that while federal law on cannabis and an individual’s use “remains relevant,” it is “not determinative” to decide “eligibility for access to classified information or eligibility to hold a sensitive position.”

Policy developments like these are crucial for the cannabis industry to take bigger steps forward and reduce the stigma while normalizing the plant. ClearanceJobs also reports that there have been one-to-two-year abstinence requirements for prospective federal workers at various agencies in the country.

Finally, Haines wrote that the policy could change if there’s a “change to federal law concerning marijuana use.” Until then, the memo tells adjudicators for federal employment to look outside of past marijuana use to see if that specific “concern” is the determining factor of employment eligibility. Outside factors include how often the individual uses cannabis and the likelihood of that person continuing to use it.

Additionally, the memo touched on how eligibility to access classified information and hold a sensitive position may be impacted negatively if the individual knowingly and directly invested in stocks or business ventures related to the cannabis industry, as the plant is still federally illegal.