Two Illegal Drug Use Cases – One Clearance Granted and One Not

The number of Defense Office of Hearing and Appeals cases involving illegal drug use has increased dramatically over the last few years, likely fueled by the increased number of states who have legalized marijuana. In reading the summaries of these appeals, I noted that the applicants who were upfront and honest about their drug use stood a much better chance of winning their appeal than those who lied about or downplayed their drug use. The drug use itself in both cases below were similar, yet the deciding factor in each was whether there was full disclosure or not. Here are the examples:

The applicant disclosed drug use from 2010 to 2022, to include mushrooms, LSD, cocaine, and marijuana. He stopped using the hard drugs in 2018, but still smoked marijuana until 2022 since it was legal in his state. After he realized he wanted to work for the government he stopped using marijuana since he knew it was still illegal at the federal level. He signed a statement to abstain from all future drug use. His testimony at the hearing mirrored what he had previously disclosed. The DOHA judge found him honest and credible, allaying concerns of future drug use – clearance eligibility was granted.

Another applicant submitted his SF-86 and answered “No” to having used any illegal drugs. During his interview with the background investigator, he admitted to using marijuana weekly from 2005 through 2010 and then once every 6 months until 2020. The reason for not disclosing it was not wanting to look bad and possibly hurting his chance of getting a clearance. In his answer to interrogatories, he further admitted a one-time use of mushrooms. Since he did not appear in person for his appeal, the DOHA judge had no way to assess his credibility. Based on the facts that the applicant was initially dishonest and tried to hide his drug use, the judge found there was sufficient cause to deny the clearance.