If you’re a military service member, government employee, or contractor in North Carolina or anywhere in the United States, who uses CBD products, you might not realize the risks to your security clearance. While CBD products are widely available and often legal, their use can create complications during clearance investigations. At Matthew Thomas Law, PLLC, we’re here to help you safeguard your career.

The Realities of CBD Use and Security Clearance

Imagine using a CBD product for anxiety relief or pain management, only to face questions during a security clearance investigation. What if a mislabeled product caused you to test positive for THC, the psychoactive component of marijuana? These scenarios happen more often than you might think, and the consequences can jeopardize your clearance.

CBD, or cannabidiol, is a compound derived from cannabis plants that is often marketed as hemp-derived and containing less than 0.3% THC. Under the 2018 Farm Bill, such products are federally legal. However, because the Food and Drug Administration (FDA) does not certify CBD products, many are mislabeled and may contain THC levels above the legal limit. This poses a significant risk to security clearance holders and applicants, as federal law still classifies marijuana as a Schedule I controlled substance.

The Intersection of CBD Use and Security Clearance Investigations

When assessing your eligibility for a security clearance, investigators evaluate your trustworthiness, reliability, and compliance with federal laws. Even though CBD is legal under certain conditions, its use can raise red flags during a clearance investigation for several reasons:

• THC Contamination: Mislabeling in CBD products could lead to THC levels exceeding the 0.3% legal threshold. This could result in a positive drug test, even if you believed you were using a compliant product.

• Perception of Risk: The use of CBD products may signal to investigators a lack of caution or understanding of federal laws, potentially impacting their judgment of your reliability.

• Federal Marijuana Policies: Marijuana and its derivatives, including CBD with excess THC, remain federally illegal. This can complicate how CBD use is perceived during the clearance process.

If a positive drug test occurs, it could result in negative clearance actions, even if the THC was unintentionally consumed.

How Matthew Thomas Law Can Help If Your Clearance Is Denied or At Risk

At Matthew Thomas Law, PLLC, we understand how important your security clearance is to your career, and we’re here to help if it’s at risk due to CBD use. If your clearance has been denied or is under review, our experienced team will guide you through the appeals process, starting with a thorough review of the Statement of Reasons (SOR) to identify specific concerns. We’ll help you build a strong case by gathering evidence, such as product information, third-party lab reports, and character references, to demonstrate your reliability and mitigate any issues. 

Our legal team will advocate for you in hearings, craft compelling responses, and provide real guidance on procedural requirements. Additionally, we’ll help you demonstrate proactive steps, such as discontinuing CBD use and educating yourself on federal regulations, to show your commitment to compliance. With Matthew Thomas Law by your side, you can confidently address clearance challenges and work toward a favorable resolution.

Stay Ahead of Security Clearance Risks, Schedule Your Consultation Today

Your security clearance is key for your career, and the risks associated with CBD use can’t be ignored. At Matthew Thomas Law, PLLC, we’re here to guide you through these challenges, and provide clear advice and strong representation to protect your livelihood. Reach out to us today for help.