Thinking About Using CBD? It Could Jeopardize Your Security Clearance
CBD products are everywhere—from health food stores to gas stations. Promoted as a natural remedy for anxiety, sleep, and inflammation, many Americans consider cannabidiol (CBD) to be a safe and legal supplement. But if you’re a federal employee, member of the military, or contractor applying for or maintaining a security clearance, using CBD could trigger a serious concern under federal law.
At National Security Law Firm, we’ve helped hundreds of clients navigate clearance issues related to drug use, personal conduct, and mitigating risk factors. In this blog, we’ll explain exactly why CBD may be risky, what the government looks for under Guideline H (Drug Involvement and Substance Misuse), and how to protect your clearance eligibility.
Why Is CBD a Concern for Security Clearance Holders?
Though CBD is often marketed as “non-psychoactive” and legal under federal law, it’s not that simple. The government remains cautious because of three core issues:
1. CBD Products May Contain THC
The 2018 Farm Bill legalized hemp-derived CBD with less than 0.3% THC. However, many CBD products are not properly regulated, and independent lab tests have shown that some contain higher levels of THC than advertised—which can result in a positive drug test.
A positive test for THC is still viewed as evidence of marijuana use under federal law, regardless of the source.
2. Marijuana Is Still Illegal Under Federal Law
Even if you’re using CBD legally under your state law, marijuana remains a Schedule I controlled substance at the federal level. Any use of marijuana or products containing THC is disqualifying under SEAD-4 and may be viewed as a risk to national security.
3. Use of CBD Can Raise Questions About Judgment
Even if the CBD product was intended for wellness and didn’t cause impairment, using a substance that could inadvertently lead to THC exposure may be viewed as poor judgment, lack of caution, or disregard for federal policy.
This is especially problematic if:
- You were warned against using CBD by your employer or security officer
- You tested positive for THC and claimed CBD was the cause
- You used it knowing there was a risk it could show up on a test
How Guideline H Applies to CBD Use
Under Guideline H of SEAD 4 (Drug Involvement and Substance Misuse), the government may deny or revoke a clearance if it believes an individual:
- Illegally used a controlled substance (including THC)
- Shows a pattern of poor judgment
- Disregards laws, rules, or security requirements
Even though CBD itself is not a controlled substance, THC is. If your CBD use results in a positive drug test or is viewed as risky behavior, it could lead to a Statement of Reasons (SOR) or denial of clearance.
Hypothetical Example
Jordan, a contractor applying for a Top Secret clearance, uses CBD gummies for sleep. He purchases them online, believing they contain no THC. During a routine drug screening, he tests positive for THC. The lab report shows low but detectable THC levels consistent with chronic low-dose exposure. The government issues an SOR under Guideline H.
In his response, Jordan argues he never used marijuana and didn’t intend to ingest THC. But because the product was not verified THC-free and he failed to consult his security officer beforehand, his clearance was denied.
Mitigating Factors
If you’ve used CBD and are concerned about your clearance, there may still be hope. Successful mitigation under Guideline H may include:
- Voluntary cessation: You’ve stopped using all CBD products
- Time passed since last use: Months or years of abstinence
- Medical consultation: You acted under a doctor’s recommendation
- Good faith misunderstanding: You believed the product was THC-free and had no intent to break the law
- No pattern of misuse: This was a one-time or isolated event
Frequently Asked Questions About CBD and Security Clearances
1. Can I use CBD if it says “THC-Free” on the label?
No label is a guarantee. Even products labeled “THC-Free” may contain trace amounts that could lead to a positive drug test. Lab testing and regulation are inconsistent.
2. What if I test positive and blame CBD?
That explanation is unlikely to fully excuse the result. Investigators expect clearance holders to be aware of the risks associated with CBD use.
3. Will the government know I used CBD if I don’t test positive?
Possibly. If you disclose it on your SF-86 or during a subject interview, it may be scrutinized. Failure to disclose when required can itself be a problem.
4. Should I list CBD use on my SF-86?
If your CBD product contained THC, yes. If the product was verifiably THC-free and legal, disclosure may not be required—but erring on the side of transparency is often safest.
5. Can military members use CBD?
No. The Department of Defense bans all CBD use regardless of legality, including topical products. This is a zero-tolerance policy.
6. Will using CBD for anxiety or sleep be treated differently if it was for health reasons?
Intent may help with mitigation, but it does not eliminate concern. You may still face scrutiny, especially if the product was not medically prescribed or if your security officer did not approve it.
7. Can I keep using CBD if I already have a clearance?
No. Using CBD while holding a clearance, particularly without clearance from your agency, may be interpreted as risk-taking behavior.
8. What if I used CBD while overseas or in a country where it’s legal?
Location doesn’t matter. The federal government applies U.S. law to your clearance eligibility, even if the product was legal in another country.
9. What are safer alternatives to CBD?
Consider federally approved, prescription-based alternatives. If you’re seeking relief for anxiety, pain, or sleep, talk to your doctor and security officer first.
10. What should I do if I’ve already used CBD and now need to apply for a clearance?
Stop immediately. Document the use and reasons for it, and consult with a clearance attorney. Voluntary disclosure and legal guidance can reduce your risk.
NSLF Pricing and Legal Financing
If you’re facing an SOR or simply want to assess your risk, we offer:
- SF-86 Review: $950
- SOR Response: $5,000 (includes written response + mitigation strategy)
- Hearing Representation: $7,500 (includes nationwide travel)
We also offer legal financing through Affirm, so you can break payments into 3, 6, 12, or 24 months. Learn more here: https://www.nationalsecuritylawfirm.com/financing/
Why Choose National Security Law Firm?
We’re the nation’s leading firm for security clearance defense. Here’s why:
- ⭐ 4.9-star rating on Google: Read our reviews
- 🛡️ Attorneys with backgrounds in DOHA, intelligence, JAG Corps, and federal agencies
- 🧠 Weekly team reviews for every complex case
- 📍 Based in Washington, D.C. – the center of clearance adjudications
- 🪖 Veteran-owned and operated; we understand both the mission and the risk
When your future is at stake, we fight to win.
National Security Law Firm: It’s Our Turn to Fight for You.
Additional Resources
Want to understand more about how clearance issues work? Head to our main Security Clearance page for guides on:
- Top mistakes applicants make
- How to win after an SOR
- Mitigation strategies under each guideline
- Clearance appeal timelines and hearing prep
Concerned About CBD Use? Act Now.
If you’ve used CBD or tested positive for THC, the clock is ticking. Your career, clearance, and income may all be on the line. Don’t wait until a mistake becomes irreversible.
Let us help you craft a strong mitigation plan, respond to government concerns, and protect your future.
👉 Book your free consultation now – it’s quick, easy, and confidential.
National Security Law Firm: It’s Our Turn to Fight for You.