Utilizing marijuana is legal in California, but apparently, if you are up for prime-level safety clearance with the U.S. government, you might want to feel twice.
The Orange County Register reports The Pentagon is reviewing the federal safety clearance of California tech billionaire Elon Musk following an on-air marijuana toke on a comedian’s podcast final fall. Musk reportedly refiled the SF-86 safety type expected of federal contractors and/or staff who seek safety clearance. The type demands filers to answer truthfully no matter whether they have applied any illegal drugs at any point in the preceding seven years. Musk reportedly had a larger-level secret clearance, thanks to his position spearheading a corporation (Space Exploration Technologies Corp. – SpaceX for quick) that is permitted launch of military spy satellites.
The company’s day-to-day operations are not overseen by Musk, and the corporation won many national safety space launch contracts in the wake of the podcast, but the Register reports it is only with the refiling that Musk might have some concerns.
Employers, Contractors Permitted to Set Ground Guidelines for Off-the-Clock Cannabis Use
Los Angeles marijuana employment attorneys know that when most people today are not grappling with billions of dollars or military spy applications and prime-level safety clearance, a lot of ARE dealing with employers who are leery of cannabis use.
Some important points for staff to know are:
- Federal law areas incredibly couple of restrictions on employer drug testing of staff or potential hires.
- The ideal to drug test staff/possible hires extends beyond just these in government jobs to these in the private sector as well.
- California courts have held that the employer’s purpose for drug testing does require to be balanced with the ideal of the employee for privacy.
- State courts have held it is lawful for employers in California to demand applicants to pass a drug test as a situation of employment – so lengthy as all applicants for a specific position are tested and there is no singling-out of applicants on an unlawful basis.
Despite the fact that California law makes it possible for men and women to use marijuana for medicine or for recreation, there is no requirement that employers should employ a individual who tests constructive for marijuana. In truth, the California Supreme Court has held that employers are not expected to do so – even if they are prescribed the drug for a disability.
Nonetheless, employers might be on much less strong legal ground in drug-testing current staff, absent some purpose to suspect drug use.
In most instances, one’s off-the-clock use of the drug in California is increasingly much less of an problem, as the stigma of marijuana use subsides. But as Musk located out, even billionaires are not necessarily immune from the influence in some instances, specifically contemplating marijuana use remains a federal crime, regardless of the truth that practically 3 dozen states have taken measures to decriminalize it.
How On-Air Use of Pot Could Effect Musk’s Safety Clearance
Musk’s choice to smoke marijuana through a podcast discussion with comedian Joe Rogan highlights the discrepancies in between state and federal law pertaining to marijuana, but as a lot of federal attorneys noted, the safety clearance challenges ought to come as no surprise.
Despite the fact that it is doable the U.S. Defense Division could basically close the case and update Musk’s record without having problem, it ought to be noted that smoking marijuana is regarded a “serious breach of safety protocol” and rounds for termination of a federal employee or loss of clearance for a contractor. A division spokesperson mentioned the agency does not comment on person applications, reapplications and testimonials for person safety clearances.
Elon Musk’s safety clearance below critique more than pot use, March 7, 2019, Bloomberg
Additional Weblog Entries: