How Does Security Clearance Know if You Use Drugs
How to Obtain or Maintain a Security Clearance Despite Prior Drug Use
Nether Guideline H, Drug Involvement, the government may have security concerns about past or current illegal drug employ since this can heighten questions as to your judgment, trustworthiness, reliability, and integrity. Those possessing a security clearance are required to be responsible and reliable when it comes to their duties, and this responsibility is not limited to official activity during concern hours. Information technology extends to all personal conduct occurring off-duty hours as well. The government runs a tight send when information technology comes to drug usage since drugs can modify your state of listen thereby impacting your judgment, or alternatively, may serve as a basis for coercion.
What Can Go Y'all In Trouble
While there are many different bases that tin trigger Guideline H concerns, the most common is usage prior to obtaining a clearance—whether that is disclosed during the application process or whether it comes upwardly years afterwards after already receiving a clearance. For instance, this could occur when applying for a Elevation Secret Clearance, which includes a more all-encompassing inquiry into your by and present bear.
The key factors to whether this concern is significant enough to forestall you from obtaining a clearance or to cause your clearance to be revoked are:
- When the usage occurred and the duration of forbearance since the concluding usage;
- The frequency, duration, and context of use;
- How the government became aware of the usage (proactive affirmative disclosure, disclosure in anticipation of existence caught, declining a drug test, etc.);
- Whether you lot voluntarily sought evaluation, counseling, or other treatment;
- Whether you possessed a clearance at the time of your use, and
- Whether yous possess an intent to continue misusing whatsoever controlled or illegal substances.
The Impact on Your Clearance
So, does this mean if y'all've had any illegal interest with drugs, you take no chance of obtaining or maintaining a security clearance? No, merely you lot will have to mitigate the regime's concerns. This means proving that your previous drug usage volition not impact the regime'due south power to trust yous, or that your current drug use was nether such circumstances that information technology does non raise a business concern (i.due east., innocent ingestion).
Plain, getting caught using drugs while possessing a clearance is the worst-case scenario, especially if y'all had an opportunity to self-report prior to getting caught. A close 2nd, yet, is the failure to disclose current or prior usage when asked, as this is clear evidence that the usage poses a risk that will be used to coerce or influence you to take actions contrary to our nation'southward best interests. This highlights the government's want that you not hibernate your activities and instead are proactive and candid most any drug involvement you have had.
Marijuana Missteps for Clearance Holders
One common pitfall many clearance holders take fallen into recently is using marijuana, now that it is legal at the state level. While many states across the country take legalized medical and/or recreational marijuana usage, marijuana is withal criminal and is classified as a Schedule 1 drug at the federal level. Many clearance holders are unaware of this distinction and appoint in apply that puts their clearance in jeopardy.
Even if you aren't smoking, a trip to a dispensary or investing in marijuana stocks could unknowingly jeopardize your security clearance. While it is not outright prohibited to invest in marijuana related stocks (equally there is no specific guidance by DCSA yet), information technology may enhance some red flags since it is still associated with a Schedule 1 substance, which is illegal on the federal level. Even without guidance, information technology would technically exist a "drug interest"—which is why the guideline is drug involvement and substance misuse and non only drug utilize, to further aggrandize the guideline's accomplish. It would probable exist frowned upon and could effect in the loss of ane's clearance. Any uncertainty is ruled in favor of national security, so the best artery would be to avoid marijuana stocks altogether.
Besides, a trip to a dispensary can absolutely be grounds for reporting and could atomic number 82 to a Statement of Reasons (SOR), equally it is as well considered drug involvement. Purchasing marijuana, regardless of whether it is legal in a specific country, is yet confronting federal police. It would establish possession of marijuana which would be one of the disqualifying conditions under Guideline H, so that would also exist security violation that would need to be reported and could likely outcome in an SOR. The form of utilise (smoking v. edibles) is irrelevant also. Any use is illegal.
A Real-Earth Guideline H Outcome
Let'southward take a expect at a Defense Function of Hearings and Appeals case involving Guideline H, to run across how prior drug use can bear upon security clearance holders. While many of these cases don't e'er cease favorably, the applicant in this example was able to successfully mitigate drug involvement security concerns.
Case No. 20-03656
The applicant in this case is a 24-year-old Management Annotator who graduated in 2019 and began working with his current employer in 2020, where he learned he needed to apply for a security clearance. On his applications, he was candid about his past illegal drug use.
He used marijuana with varying frequency from 2014 to 2019—twice in high school and regularly in college. The bidder also used cocaine that belonged to others between 2016 and 2019, and shared that he purchased information technology in one case in 2018. He also used LSD twice on college camping ground trips. Withal, his drug utilise diminished as he completed his undergrad degree. He gave up drug employ upon graduation to brainstorm his professional career as a mature adult.
The bidder was forthcoming about his drug use and expressed intent not to resume drug use, considering of his commitment to his career. He also met with a licensed substance abuse treatment professional and counselor who determined he does not have a substance abuse disorder. The advisor confirmed his intent and ability to refrain from drug utilize.
The judge constitute that given the applicant's age and circumstances, his by drug employ could be described as youthful indiscretion. The bidder provided believable reasons for quitting his drug use, does non spend time with drug-using acquaintances, and shared intent not to become back to drug employ now that he has committed himself to a professional career. The approximate found that while the bidder has merely been drug-free for a year-and-a-half, that is a significant time period for one his historic period, and granted eligibility for a security clearance.1
Protect Your Cleared Career
Ultimately, a person should look at the federal laws in relation to marijuana and the SEAD 4 guidance against any drug involvement. You don't have to use illegal drugs to have your clearance revoked nether Guideline H, unproblematic involvement is enough to trigger the disqualifying conditions under this guideline. Best rule of thumb is to avert any activities that tin be perceived as involving illegal drugs.
There are many ways to testify the government that yous can be trusted and that your previous interest with drugs is not indicative of your present overall character. Ultimately, knowing how to abet for yourself should the regime question your drug involvement can be the difference between maintaining your security clearance and losing your career. Considering the stakes, information technology is important to remain cognizant of your involvement with whatever sort of drug, legal or not, equally it could end up significantly damaging your career.
Find more manufactures about safeguarding your security clearance here.
As a Senior Associate at Tully Rinckey PLLC, Allison focuses her practice on all aspects of armed forces and national security constabulary. Allison provides security clearance representation on matters ranging from assisting clients in proactively disclosing information to avoid issues, completing applications, responding to Statements of Reason, and attending revocation hearings. She can be reached at [email protected] or at (716) 439-4700.
1https://doha.ogc.osd.mil/Industrial-Security-Plan/Industrial-Security-Clearance-Decisions/ISCR-Hearing-Decisions/2021-ISCR-Hearing-Decisions/FileId/156820/
This entry was posted on Mon, November 08, 2021 9:34 am
Source: https://blog.clearedjobs.net/how-to-obtain-or-maintain-a-security-clearance-despite-prior-drug-use/
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