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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.

Nevertheless, there can be serious consequences for breaching security protocols.

Smoking marijuana is “absolutely grounds for termination or loss of a clearance if a federal employee or contractor currently uses” it, lawyer Zaid said in an email.

Top Defense Security Service officials are aware of Musk’s reapplication and review, said the U.S. official, who declined to discuss the case in detail but guided a reporter through the process Musk’s review is following.

Pot’s Legal Status

“The Department of Defense is following its normal process when information which may affect an individual’s clearance eligibility is brought to our attention,” the service said in an emailed statement to Bloomberg News, when asked if Musk was required to resubmit his clearance form after the podcast. “For privacy and security reasons, we do not publicly discuss individual clearance status.”

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.