Uptick in Security Clearance Appeal Cases Involving Drug Use

In perusing the Defense Office of Hearing and Appeals cases published from January through March of this year, I have noticed an uptick in the number of cases where the applicant has admitted to use of illegal drugs resulting in a denial of clearance eligibility. Out of 115 appeals, 44 of them involved drugs. Here are the highlights of some of them.

• Applicant has a long history of illegal drug use involving a variety of illegal drugs including cocaine, psilocybin mushrooms, marijuana, LSD, and MDMA (ecstasy), beginning in 2008 and continuing off and on until at least August 2023. Appeal was denied.

• Applicant used marijuana daily between July 2023 and October 2024. He admitted to using marijuana after completing his SF-86 and before/after having his security interview with the background investigator. He was granted an interim security clearance in March or April 2024, and he used marijuana after that time. He currently uses marijuana and intends to continue using marijuana in the future. Appeal was denied.

• Applicant stated she tried marijuana for the first time in college circa 2011, and did not use it again until sometime in 2019. At that time, she and her husband would share a “gummie” instead of having a glass of wine or a beer on a rare occasion. She last used marijuana in March 2024 and now understands that any illegal drug use, including marijuana use is prohibited by her company, the DoD, and is against Federal law. She stated that she no longer uses marijuana and has no plans to use it in the future. Appeal was granted.

• Applicant admitted to marijuana use, with varying frequency, from July 2017 to September 2024, and that he used marijuana at home or at a friend’s house on weekends to relax or for social purposes. He used marijuana once or twice a month or every other month. He mostly obtained marijuana from his friends in the form of gummies or vapes. He was aware that using marijuana violated federal law, but intended to continue his marijuana use because he likes the way it makes him feel, but that he would stop using it once he is cleared. Appeal was denied.

As you can see, these are varying examples of illegal drug use that seem to be popping up a lot more in security clearance background investigations. For those who indicated they will continue to use THC products and those who have an extensive and recent history of use had slim to no chances of winning the appeal.