Bad decision making and security clearance revocations are often synonymous, but not all clearance problems are of an individual’s own making. One can’t help it if they inherited property in Iran or their grandparents live in China. Such scenarios are not reflections of the individual’s patriotism, judgement, integrity, or reliability – only of potential vulnerabilities.
The same is true with accidentally ingesting illegal drugs. I saw it happen perhaps a couple times per year in my law practice representing clearance holders; not a super frequent occurrence, but enough to be noticeable.
Different Scenarios
The government tends to view these claims of accidental ingestion skeptically, but that’s because they are most often raised by individuals after a positive drug test (i.e., when the defense is self-serving and supporting evidence is long-gone). But that isn’t always the situation, nor does it have to be. Indeed, an accidental ingestion defense can be very effective when truthfully and preemptively raised.
Imagine this: you’re at a party, eat a delicious-looking brownie, and subsequently learn from the host that those brownies contained an unexpected extra ingredient: marijuana.
Most clearance holders in this scenario would be flustered, upset, and anxious. Yet in my experience, at least some of them would also choose to suffer in silence for fear of losing a friendship or being stigmatized as uptight or uncool. It may be disappointing to lose the friendship, but continuing it creates bigger problem. The clearance holder now has reason to question the judgement of the friend, knows them to be a drug user, and still maintains the relationship. In the eyes of the government, that creates a potential vulnerability that the clearance holder will be around drugs again in the future and might be at a heightened risk for knowingly succumbing to temptation or being present for other criminal activity. In other words, while this hypothetical clearance holder has done nothing wrong, he now has a vulnerability – just like the clearance holder with family in a hostile foreign country. Unlike the clearance holder with family in a hostile foreign country, however, the government now will also claim reason to question his judgement.
Alternatively, imagine this: you meet a blind date and wake-up the next morning with no memory of the evening after consuming an unattended drink.
Clearance holders in this scenario might feel violated, angry, and scared of pregnancy and/or sexually transmitted infections. Yet, like the previous scenario, some might allow other feelings – perhaps shame or fear of stigmatization – to dissuade them from acting. This doesn’t create a vulnerability in the way that maintaining a relationship with a drug-using friend might, but it does place the clearance holder at risk of being victimized twice: first by their attacker and second by their employer following an ill-timed (as is often the case) random drug test. That’s not a position anyone should be in.
6 Steps After Accidental Ingestion
The reality is that the clearance implications in both scenarios are avoidable, but it requires swift and proactive action on the part of the individual. Here are some suggestions to consider if you ever find yourself in a similar situation:
Step 1 (but see Step 4)
Call the police immediately. Some readers might consider that an overreaction for the first scenario, but even the laced brownie would likely constitute a battery or similar crime in most jurisdictions. Regardless of whether you intend to ultimately press charges, an immediate call to police is critical for later credibility purposes and may help with obtaining and preserving any supporting evidence. Insist that a crime report is taken – not just an incident report, which is often a perfunctory log entry that allows the responding officer to avoid “taking paper” for something seen as a low-level issue.
Step 2
To the extent that they were not already taken by police, gather written, signed, and dated witness statements from anyone who may have been present for the event and can attest to the circumstances of your accidental ingestion. Memories change over time and people become reticent to get involved when it doesn’t directly impact them; don’t assume you can rely on “friends” for help down the road.
Step 3
To the extent it was not already obtained by police, look for and obtain a copy of any surveillance footage (if inside a commercial establishment) or videos/photos taken by other attendees at the venue that may have captured something relevant.
Step 4
Promptly seek medical aid. (NOTE: if you are suffering acute effects of the drug, require a sexual assault exam where time is of the essence, or are in fear of severe medical complications, consider this Step 1. Be sure to obtain a ride to medical help by calling 9-1-1, ride-share, taxi, or a friend/relative; do not drive after ingesting a drug, even if unintentionally).
Step 5
Permanently sever the relationship with the person(s) responsible for your accidental ingestion. The government will expect and demand this.
Step 6
Seek out experienced legal counsel for advice and assistance. S/he can assist in promptly, proactively, and appropriately reporting the incident to your security manager. That will likely require providing a detailed description of events, copies of all associated documentation and evidence, advising that you’ve severed the relationship (as applicable), and ensuring a paper trail is created.
I realize that some clearance holders may question the wisdom of Step 6, but in my experience people who purposely take illegal drugs don’t pre-emptively self-report that to security. In other words, the pre-emptive self-reporting and documentary evidence are both strong indicators of truthfulness that most often obviate the need for further inquiry. The last thing you want is to be called in for an ill-timed random drug test and then look like you’re scrambling to get ahead of an anticipated positive result. I’ve seen it happen and, although the documentation will help, it still can leave a whiff of question in the mind of security officials.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws and government policies are subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
