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Legal Insider: Security clearance holders face risk from CBD use and marijuana investments

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This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

The Director of National Intelligence (DNI) recently issued new guidance for federal agencies and security clearance holders on marijuana and cannabidiol (CBD) usage, in addition to investments in marijuana businesses. The guidance clears some issues up, but also raises new questions about the use of CBD for security clearance holders.

The three areas covered in the DNI’s new guidance include:

  • Usage of CBD products
  • Use of marijuana
  • Investments in marijuana

Use of CBD

The most important update provided involves the use of CBD products by security clearance holders and applicants. The new guidance discusses the fact that the Agriculture Improvement Act excluded hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% from the definition of marijuana within the Controlled Substances Act.

Further, the new guidance explains that hemp-derived products that contain greater than 0.3% THC continue to remain illegal and potentially a problem for clearance holders. The memorandum explains that CBD usage can be a problem because the Federal Drug Administration (FDA) does not certify levels of THC in individual CBD products and that some products may be labeled…

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This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

The Director of National Intelligence (DNI) recently issued new guidance for federal agencies and security clearance holders on marijuana and cannabidiol (CBD) usage, in addition to investments in marijuana businesses. The guidance clears some issues up, but also raises new questions about the use of CBD for security clearance holders.

The three areas covered in the DNI’s new guidance include:

  • Usage of CBD products
  • Use of marijuana
  • Investments in marijuana

Use of CBD

The most important update provided involves the use of CBD products by security clearance holders and applicants. The new guidance discusses the fact that the Agriculture Improvement Act excluded hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% from the definition of marijuana within the Controlled Substances Act.

Further, the new guidance explains that hemp-derived products that contain greater than 0.3% THC continue to remain illegal and potentially a problem for clearance holders. The memorandum explains that CBD usage can be a problem because the Federal Drug Administration (FDA) does not certify levels of THC in individual CBD products and that some products may be labeled…

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