The review highlights the legal discrepancies between federal and state policy on marijuana use in the U.S.: its use remains a federal crime
The Pentagon is reviewing Elon Musk’s federal security clearance following the billionaire’s marijuana toke on a California comedian’s podcast in September, according to a U.S. official.
But the refiling and review underscore the continuing ramifications from the chief executive officer’s decision last year to smoke marijuana on the podcast, which quickly went viral. And it highlights the legal discrepancies between federal and state policy on marijuana use: While about three dozen states have taken steps to decriminalize pot, its use remains a federal crime.
Musk’s “adjudication” review by the Defense Security Service continues with no decision yet, the U.S. official said. Typically during an adjudication a person keeps his or her security clearance but loses access to information classified as secret, according to the official. If the drug use involves minor issues or doesn’t appear to contain any serious security concerns, the unit reviewing the case could just close it and update Musk’s record.
Although marijuana is legal for recreational use in many states, including California, it remains illegal for federal employees or contractors with security clearances, a point reiterated most recently in 2014 in a government-wide memo issued by then-Director of National Intelligence James Clapper, which remains in effect.
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