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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110510
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I applied job in the Army that requires a secret security

Customer Question

I applied for a job in the Army that requires a secret security clearance. I told them numerous times that I had never smoked marijuana, but now I am done with MEPs and realized that I had to give them access to all my health records for the clearance. I did have a medical marijuana card in Colorado which has been expired over a year. If I told them I have never used drugs and I don't have a record, will they even look at the medical marijuana registry? Will it show in my general medical records? I am in DEP but will ship before I get word on my clearance. Am I better off just getting out now?
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Customer: no
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Customer: no
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Submitted: 6 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you received a medical marijuana card, then the issuance of that card should indeed show up in your medical records and it would be in the state records check. The key is that the law regarding security clearances states specifically "current" users. It says:
Section 3002 says: `(b) Prohibition- After January 1, 2008, the head of a Federal agency may not grant or renew a security clearance for a covered person who is an unlawful user of a controlled substance or an addict (as defined in section 102(1) of the Controlled Substances Act (21 U.S.C. 802)).
(c) Disqualification-
(1) IN GENERAL- After January 1, 2008, absent an express written waiver granted in accordance with paragraph (2), the head of a Federal agency may not grant or renew a security clearance described in paragraph (3) for a covered person who--
(A) has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding 1 year, and was incarcerated as a result of that sentence for not less than 1 year;
(B) has been discharged or dismissed from the Armed Forces under dishonorable conditions; or
(C) is mentally incompetent, as determined by an adjudicating authority, based on an evaluation by a duly qualified mental health professional employed by, or acceptable to and approved by, the United States Government and in accordance with the adjudicative guidelines required by subsection (d).
So, by not being a current user, this is not a disqualifier for your service or your clearance.

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