Is Using Marijuana While on Medical Leave Allowed?

As is evidenced by numerous state laws, the use of marijuana (THC) products for medical use is quite common now even though still illegal under federal law. So, what happens when you have a security clearance, and your attending physician prescribes THC products to alleviate the pain of a medical condition? This was the scenario in a recent Department of Energy (DOE) Office of Hearing and Appeals case. Here are the highlights.

The DOE contractor who had a security clearance went out on medical leave due to a intercranial condition that caused vertigo and nausea. While on medical leave, his local security office contacted him to fill out a new SF-86 for his clearance renewal and was informed if he did not do so his clearance eligibility would lapse. Since he was still on medical leave, he declined to fill out the SF-86. His physician was still having trouble diagnosing what exactly was causing his medical issues and, in an attempt to alleviate the effects, prescribed THC edibles. The edibles didn’t work very well for the nausea, but inhaling marijuana smoke did, so he used it for a few months until he was able to function normally.

When he came back from medical leave, he filled out a new SF-86 and disclosed his marijuana use for medical purposes and was initially denied clearance reinstatement. He submitted his appeal, and the DOE appeals judge noted the contractor was on medical leave and under the impression that he no longer had a clearance, was prescribed the marijuana for medical reasons, and stopped using it once his condition had improved. For these reasons the use of illegal drugs was mitigated, and he was granted reinstatement of clearance eligibility.