Any Re-Leaf for Security Clearance Holders and Applicants? DOJ Reschedules Medical Marijuana and Sets Additional Rulemaking

On April 23, 2026, the U.S. Department of Justice (DOJ) and the U.S. Drug Enforcement Administration (DEA) issued a final rule immediately rescheduling U.S. Food and Drug Administration (FDA)-approved drugs containing marijuana and state-regulated marijuana products for medical uses from Schedule I to Schedule III under the Controlled Substances Act (CSA). The rule, which DOJ and DEA issued by way of a final Attorney General order, reduces controls on medical marijuana by moving it from the most stringent CSA schedule (Schedule I) to a schedule subject to fewer regulatory limitations (Schedule III).

The CSA creates a federal regulatory framework limiting lawful access to drugs and substances that pose a risk of abuse and dependence. The Attorney General may “schedule” substances via administrative rulemaking, placing them on one of five lists (Schedules I through V). Schedule I substances face the most severe restrictions, with descending schedules less stringently regulated.

The new rule is significant both for its immediate effect and its role in broader rescheduling efforts. On December 18, 2025, President Donald Trump issued an executive order requiring the Attorney General to complete a rulemaking process to reschedule marijuana to Schedule III. The order also tasked the Assistant to the President and Deputy Chief of Staff for Legislative, Political, and Public Affairs to work with Congress to expand citizens’ access to “full-spectrum CBD [cannabidiol] products.”

As an Arnold & Porter Advisory has previously stated, the new rule applies to marijuana (21 CFR 1308.11(d)(23)), marijuana extracts (21 CFR 1308.11(d)(58)), and naturally derived delta‑9‑THC only when those substances are (a) in an FDA‑approved drug product or (b) subject to a qualifying “state medical marijuana license” (i.e., a state or territorial license to manufacture, distribute, or dispense marijuana products for medical purposes). Only a subset of marijuana products has been rescheduled to Schedule III, and further regulatory developments may follow.

Implications for Security Clearance Holders?

The new rule has no practical impact on individuals who possess security clearances or are appealing clearance denials. Despite the scheduling changes, any ongoing marijuana use by security clearance holders remains disqualifying.

The Director of National Intelligence (DNI) issues National Security Adjudicative Guidelines (Adjudicative Guidelines) that apply to “any executive branch agency authorized or designated to conduct adjudications of covered individuals to determine eligibility for initial or continued access to classified information or eligibility to hold a sensitive position.” The Adjudicative Guidelines require such adjudicating agencies to consider numerous factors in determining whether to grant an individual a security clearance and provide “guidelines” for factors such as foreign influence, financial considerations, and psychological conditions, among others. The Adjudicative Guidelines were last updated in June 2017.

The Adjudicative Guidelines include several provisions related to drug use: personal conduct (Guideline E), criminal conduct (Guideline J), and drug involvement and substance misuse (Guideline H). Guideline H covers drug involvement and adopts the CSA’s definition of “controlled substance” — “a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V.”¹ Thus, the rescheduling of medical marijuana to Schedule III keeps it within the purview of the Adjudicative Guidelines.

Guideline H shows how marijuana use factors into clearance adjudications. Background investigators and adjudicators consider positive drug tests, illegal possession, failure to complete a drug treatment program, and illegal drug use while holding a security clearance or sensitive position, among other circumstances.

However, Guideline H also provides mitigating circumstances. Agencies are likely to make a more favorable determination when the behavior occurred long ago, was infrequent, or happened under circumstances unlikely to recur and does not cast doubt on current reliability; the candidate acknowledges their drug involvement and demonstrates steps to address it; and the candidate shows a pattern of abstinence, among other mitigating factors.

Marijuana use is also relevant to the Adjudicative Guidelines on personal conduct and criminal conduct. The personal conduct guidelines consider compliance with rules and regulations; noncompliance with federal laws raises doubts about judgment, honesty, and ability to protect classified information. The criminal conduct guidelines similarly assess these characteristics based on the number, severity, and recency of offenses.

What’s Next?

The final rule also initiates an expedited administrative hearing process, beginning June 29, 2026, to consider the broader rescheduling of marijuana from Schedule I to Schedule III. Despite this rescheduling of medical marijuana, and absent future changes to the Adjudicative Guidelines, security clearance applicants and holders remain prohibited from using medical marijuana — even where state law permits it.

Arnold & Porter will continue to monitor developments in this area. For questions about this rule or other government contracts and national security issues, please contact the authors or their colleagues in Arnold & Porter’s Government Contracts or Defense & National Security practice groups.

© Arnold & Porter Kaye Scholer LLP 2026 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.