Contractor Overcomes Recent Marijuana Use to Get Clearance

In the past, recent use of marijuana or other THC products was a serious security concern for clearance applicants. In current times, a more holistic view is taken when evaluating a security clearance applicant with recent drug use. A recent Defense Office of Hearing and Appeals (DOHA) case involving a contractor who used marijuana products for pain management highlighted this approach. Here is a summary of the case.

The applicant had retired from the U.S. Army after serving for 23 years. Afterwards, he legally obtained a medical marijuana card to help with managing pain stemming from his military service. On his SF-86, he admitted to using marijuana gummies and THC oil from June 2024 to April 2026. Once he was offered a job with a defense contractor and was required to obtain a security clearance, he stopped using the THC products and sought alternative methods of pain management. He also pledged to unequivocally cease all future use while seeking or holding a security clearance.

After being initially denied eligibility by the Department of War, he subsequently appealed to DOHA. At his hearing, the contractor reiterated that he was legally prescribed the products solely for use in managing his pain, and not for recreational use. Once he fully understood it was an issue with being granted a security clearance he ceased all use and has no intention for future use while cleared. The judge in this appeal concurred, taking the applicant’s service history and the reason for the marijuana use into consideration using whole-person concept – clearance eligibility granted!