President Donald Trump’s choice to serve as director of national intelligence (DNI), former Rep. Tulsi Gabbard (D/R-HI), says that past marijuana use should not disqualify a person from receiving a security clearance—but “ongoing” use of cannabis is a “more complex” eligibility consideration.
In written responses to a variety of questions for the record (QFRs) from members of the Senate Intelligence Committee, Gabbard answered two questions about cannabis policy. And while she’s previously advocated for marijuana legalization and even hinted at support for broader drug decriminalization, the nominee hedged somewhat when asked about the issue as part of her confirmation process.
One question asked whether Gabbard agreed with existing DNI policy “that past marijuana use should not be determinative in the adjudication of security clearances.” It further asked if she felt “ongoing marijuana use should likewise not be determinative and should be treated like alcohol use.”
The former congresswoman replied, “I agree with the current DNI policy that past marijuana use should not be determinative in the adjudication of security clearances, provided it does not indicate broader issues with judgment or reliability.”
“However, ongoing marijuana use is more complex, as it remains illegal under federal law,” she said. “It must be carefully evaluated within the context of the applicant’s overall behavior, consistency with legal obligations. and ability to safeguard classifIed information.”
The nominee was also asked more broadly: “Do you believe that cannabis use should ever be the basis for denying an individual eligibility for access to classified information?”
Again, she equivocated, reiterating that security clearance decision “must be made on a case-by-case basis, taking into account the individual’s overall judgment, reliability, and ability to safeguard classifIed information.”
“As cannabis laws evolve at the state level, the [intelligence community] must balance adherence to federal law with an understanding of societal changes,” Gabbard said. “If confirmed, I would work to ensure that security clearance determinations are fair, consistent, and aligned with national security needs while appropriately considering individual circumstances.”
The Intelligence Committee’s QFRs don’t indicate which members submitted each question, but one member of the panel, Sen. Ron Wyden (D-OR), has spent years working to prohibit security clearance denials for applicants to intelligence agencies like CIA and NSA just because they admitted to prior cannabis consumption.
In 2023, the committee voted to amend an intelligence oversight bill to include a provision from Wyden that would achieve that reform, but it was not ultimately enacted.
Former President Joe Biden’s DNI, Avril Haines, had separately said in 2023 that it is not the federal government’s current policy to deny people security clearances based on past marijuana use alone, stating that it is counterproductive to recruitment efforts, especially amid the growing legalization movement.
But Gabbard’s wishy-washy responses to the QFRs seem somewhat incongruent with her drug policy positions in Congress and also when she was running for the 2020 Democratic presidential nomination.
Over her eight years in Congress, Gabbard established herself as a leading advocate for marijuana and hemp reform by introducing numerous pieces of cannabis legislation and actively working to build bipartisan support around the issue.
“The more information that I’ve learned, the more research that I have done, it shows how, number one, outdated our laws are as it relates to cannabis in particular and how much opportunity there is, again from a medical perspective as well as from an economic perspective, especially related to hemp,” she told Marijuana Moment in 2020.
She also said in 2019 that “the direction we need to take is decriminalizing an individual’s choice to use whatever substances that are there while still criminalizing those who are traffickers and dealers of these drugs.”
Photo element courtesy of Lorie Shaull.
President Donald Trump’s choice to serve as director of national intelligence (DNI), former Rep. Tulsi Gabbard (D/R-HI), says that past marijuana use should not disqualify a person from receiving a security clearance—but “ongoing” use of cannabis is a “more complex” eligibility consideration. In written responses to a variety of questions for the record (QFRs) from Read More
