Worried your past marijuana use might affect your security clearance? You’re not alone. As more states legalize marijuana and societal attitudes shift, applicants often find themselves caught between evolving norms and the federal government’s firm stance on drug use.

At National Security Law Firm, we get this question daily—and the answer isn’t always straightforward. The key lies in understanding how adjudicators evaluate marijuana use under the Adjudicative Guidelines, and more importantly, how to strategically present your case to mitigate concerns.

Marijuana Use & Security Clearances: The Legal Landscape

Even though marijuana is now legal in many states for recreational and medical use, it remains illegal under federal law. And because all security clearances are governed by federal agencies, marijuana use is still considered a potential security concern under Adjudicative Guideline H: Drug Involvement and Substance Misuse.

But here’s the important part: past marijuana use doesn’t automatically disqualify you.

What the Government Looks At

When adjudicating security clearances, the government uses a “whole-person” approach, weighing several factors, including:

  • How long ago you used marijuana

  • How frequently you used it

  • Whether the use occurred while holding a clearance or in a sensitive position

  • Whether the use violated an employer’s drug policy

  • Whether you have since demonstrated rehabilitation and good judgment

  • Whether you express a clear intent not to use illegal drugs again

If your use was in the distant past, limited in scope, and you’ve demonstrated maturity and accountability since, your chances of getting a clearance improve significantly.

What About Legal Marijuana Use?

Even if you used marijuana legally under state law, it may still raise concerns at the federal level. Adjudicators care less about state legality and more about your judgment, reliability, and willingness to follow federal law, especially if you’re applying for a position that involves national security.

This is where having an experienced attorney can make a major difference. At NSLF, we’ve helped countless applicants frame their past use in the most favorable light, emphasizing honesty, accountability, and rehabilitation.

What If I’m Currently Using Marijuana?

Ongoing marijuana use is almost always disqualifying. Continued use—especially after applying for a clearance—shows poor judgment and lack of intent to comply with federal laws and security standards. Stopping use immediately and documenting your intent to remain abstinent is critical if you hope to retain or obtain a clearance.

If you’re applying for a clearance and still using marijuana (even legally), you should consult with a security clearance attorney immediately before submitting your forms.

What If I Used Marijuana After Submitting SF-86?

This is a common and serious mistake. Using marijuana after submitting your SF-86 or while undergoing a background investigation may signal dishonesty or poor judgment, which is often more damaging than the drug use itself.

If this has happened, you need experienced legal guidance to mitigate the issue properly and salvage your clearance eligibility.

How NSLF Can Help

At National Security Law Firm, our team of former federal attorneys, military JAGs, and administrative judges understands how clearance adjudicators evaluate marijuana use. We’ve been on the inside, advising agencies on these exact issues, and we know how to build compelling mitigation arguments that work.

We help clients:

  • Draft thorough, honest, and strategic SF-86 disclosures

  • Respond to Letters of Interrogatory (LOIs) and Statements of Reasons (SORs)

  • Prepare for and win hearings before DOHA and other agencies

  • Rehabilitate cases involving recent or repeated use

  • Handle dual concerns involving mental health, alcohol, or foreign influence alongside drug use

Pricing & Legal Financing

We offer transparent, flat-fee pricing and flexible payment options to make top-tier representation accessible:

  • SF-86 Review – $950

  • LOI Response – $3,500

  • SOR Response – $5,000 (with $3,000 LOI credit)

  • Hearing (including travel) – $7,500

Need help but concerned about cost? We offer legal financing through Pay Later by Affirm, allowing you to pay over 3–24 months with no credit impact to check eligibility.

🔗 View Financing Options

Why Choose National Security Law Firm?

  • Former federal prosecutors, judges, and clearance adjudicators

  • 90+ years of combined government experience

  • Located in Washington, D.C., the epicenter of clearance law

  • 4.9-star rating on Google – Read Our Reviews

  • Nationwide representation and free, pressure-free consultations