Working in certain roles for the federal government requires you to apply for security clearance, as many positions may involve access to classified information. The process of vetting employees who apply for clearance is designed to ensure that those who work in these positions are trustworthy and reliable. Even after you receive security clearance, you still need to maintain it.

Maintaining a security clearance requires adhering to strict guidelines, including avoiding behaviors that could compromise national security, such as drug use—even legalized marijuana. Failure to maintain a security clearance can result in severe consequences, including the loss of employment and potential legal repercussions.

Maryland’s recreational marijuana laws

In 2014, Maryland passed legislation to legalize marijuana, but it was not until 2016 that possession of marijuana paraphernalia and smoking marijuana in public were decriminalized. Furthermore, residents voted in favor of adult use legalization, and House Bill 556 and Senate Bill 516 have both passed. The State is developing a framework for Adult-Use Sales to begin on July 1, 2023. Cannabis for “personal use” are considered:

• Up to 1.5 ounces cannabis
• Up to 12 grams concentrated cannabis
• Containing up to 750 mg strength delta-9-THC

Maryland’s medical marijuana laws

In December of 2017, medical marijuana was legalized in Maryland, operating through the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC). With this, Bowie and Crofton residents are considered qualifying patients if they have a certified provider’s referral where they can later receive a medical marijuana identification card. Patients may then only purchase marijuana from medical cannabis growers who are licensed by the MMCC. Patients may also only have possession of a 30-day supply unless the certified provider stated a larger supply is medically necessary.

However, despite Maryland’s decriminalization of marijuana as well as their enactment of medical marijuana, federal law still prohibits its possession and use. This means that individuals who hold security clearances in Maryland are subject to federal law and could face consequences for using marijuana, even if it is only for recreational or medical purposes. While other states have modified current laws to protect people from job-based repercussions if they test positive for marijuana and hold a valid medical marijuana ID, Maryland has not.

Marijuana is legal—but it still comes with risks

One behavior that can jeopardize an individual’s security clearance is smoking marijuana. Despite Maryland legalizing marijuana both recreationally and medically, the federal government still considers it a Class I drug, meaning it is illegal under federal law. As a Class I drug, it is classified right alongside other drugs that are highly likely to be abused, like heroin, LSD, and ecstasy. This classification can have significant consequences for people in Bowie or Crofton who hold security clearances, as drug use can raise red flags to a federal employer.

To the federal government, marijuana use raises concerns about an individual’s judgment, reliability, and trustworthiness. They may also believe that an employee who smokes weed is a rule breaker since the marijuana laws are still relatively new to many people. A recent survey found that drug use was the third most common issue that led to the denial of a security clearance. In fact, drug use accounted for over 11% of security clearance denials in 2021, right behind personal conduct and financial considerations. Although Maryland has legalized it, using marijuana may not change the consequences for security clearance holders. In reality, it could land you a criminal charge.

Consequences of marijuana use for security clearance holders

Marijuana use can result in severe consequences for individuals who hold security clearances. The use of any illegal drug, including recreational or medical marijuana, can result in the denial or revocation of a security clearance, potentially even causing you to lose your job or damage to your future career. You could even face legal consequences, including fines and imprisonment. Under federal law, the possession and use of marijuana is illegal, and if you are caught using or possessing the drug, you could be facing:

• First offense: Up to 1 year in prison and up to $1,000 fine
• Second offense: 15 days to 2 years in jail and up to $2,500 fine
• Subsequent offenses: Up to of 5 years in prison and up to $250,000 fine

To make matters worse, the impact of losing a security clearance can be significant, with potential consequences that extend beyond employment. Losing a security clearance can make it difficult to obtain future employment, particularly in positions that require access to classified information, like aerospace engineers, weapons manufacturers, or even federal contractors.

Failing to take a drug test could be just as harmful

In some cases, security clearance holders may be required to undergo drug testing either randomly or while applying for a position. Failure to comply with the terms of a security clearance, including abiding by drug-free policies, can have severe consequences. It is crucial for individuals who hold security clearances to understand the impact of drug use, including marijuana use, on their clearance and make informed decisions about their behavior to protect their careers and futures.

According to the Mandatory Guidelines for Federal Workplace Drug Testing Programs, refusing to take a drug test or refusing to follow proper instruction while taking the test could result in disciplinary action, including job loss.

If you think your security clearance is at risk due to marijuana use, you should contact an experienced marijuana defense attorney as soon as possible. The laws surrounding marijuana and the federal government can be confusing, and you very well may have taken part in an illegal activity without even realizing it. You could try to fight a case like this on your own, but it is not worth risking your job, your career, and your life. If you have failed a drug test at work in Bowie, Crofton, or anywhere in Maryland, you should contact the team at Carey Law Office. We understand what is riding on your security clearance, and we want to help. Call our offices or fill out our contact form to schedule a consultation. We maintain offices in Bowie, Crofton, and Owings, and serve all of Calvert County and the surrounding areas.