When will Marijuana be Federally Legal?

  • Guideline I: Psychological Conditions

Published: March 7, 2022

You might have read comments by Supreme Court Justice Clarence Thomas regarding the legalization of marijuana. His comments were likely an indication of what Justices might be thinking regarding this hotly debated issue. Currently, as many as 38 states have legalized marijuana for one purpose or another. The Federal Government, despite their inaction in enforcing Federal law, has refused to legalize marijuana, which makes this issue confusing and difficult for any gun owner, service member, or security clearance holder to know if and when they can use marijuana or invest in marijuana companies.

How would legalizing marijuana affect security clearance holders, military?

Some assume that the legalization of marijuana will mean that everybody holding a clearance or serving in the military would be permitted to use. This might be true, but it is possible that the Federal Government still limits use under certain circumstances. It’s reasonable to assume that the Federal Government will continue to stand by their position that marijuana is mind-altering and that an individual under the influence of marijuana is less trustworthy with a firearm. Similarly, the Federal Government will almost definitely have concerns about individuals in possession of classified information being under the influence of marijuana. As many military and clearance holders are always on call, the Federal Government will need to figure out what rules to put into place to limit use and to ensure that people are not under the influence of marijuana in the workplace and while possessing a firearm or working in a classified setting.

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