Illegal drug use and prescription drug misuse can be a crucial factor in obtaining or maintaining a security clearance. Adjudicative Guideline H of Security Executive Agency Directive 4 (SEAD 4) regulates drug involvement and substance misuse. Drug use refers to the illegal use of a substance or the misuse of a legal drug in a way that deviates from prescribed medical guidelines. This Guideline also evaluates the impact of drugs on an individual’s ability to obtain or maintain a security clearance.
Today, while certain drugs are being decriminalized or legalized at the state level, individuals seeking or holding a federal security clearance must recognize that federal laws have not changed to match state laws. In other words, compliance with state law does not equate to compliance with federal standards. Unfortunately, this has led to many security clearance problems over the past 5-7 years involving drug use and the ability to hold a security clearance.
Legal and Regulatory Framework
Security Executive Agent Directive (SEAD-4) governs the adjudicative guidelines used to determine an individual’s eligibility for access to classified information. Adjudicative Guideline H: Drug Involvement and Substance Misuse outlines the considerations and concerns the government evaluates regarding any history or pattern of drug involvement.
Security Clearance Concerns Under Guideline H
The Government takes illegal drug use and prescription drug misuse very seriously in the context of security clearances. Drug abuse or dependence may increase the risk of unauthorized disclosure of classified information by impairing physical or psychological functioning.
When impaired, an individual is far more likely to disclose things that they normally would not. As a result, improper or illegal use of drugs raises serious questions pertaining to an individual’s ability to protect classified information and comply with the laws and regulations.
Guideline H of SEAD 4 can include the following types of drug usage:
- The illegal use of controlled substances, including the misuse of prescription and non-prescription drugs;
- Use of substances that impair mental or physical functioning;
- Use of illegal drugs while holding a security clearance;
- Testing positive for illegal drug use;
- Being diagnosed with a substance use disorder;
- Using another individual’s prescribed medication; or
- Using an otherwise legal prescription in a manner inconsistent with its intended purpose.
When concerns involve drug use arise, it can cause the loss of a security clearance. With that loss, government contractors can be fired and federal employees may face termination or forced retirement.
Mitigating Factors in Drug Use Cases
The following considerations are considered when evaluating whether past drug can be mitigated.
1. Recency/Frequency
Was the drug use long ago and was it an isolated incident? Was there a pattern or repeated use? The further away in time that the drug use was, the better the odds are for obtaining a favorable decision in a security clearance case.
2. Voluntary Cessation and Abstinence
Has the individual abstained from drug use for a significant period of time? Is there a risk that the use could happen again? If there is not, this is a significant mitigating factor.
3. Acknowledgment
Has the applicant or security clearance holder accepted accountability? Many individuals have used illegal drugs, especially in college. Individuals who attempt to justify the illegal drug usage have a harder time than those that accept responsibility. Making a written statement declaring that you will not use drugs in the future can also help.
4. Change in Environment
Has the individual dissociated from drug-using peers and environments where drugs might be used? If an individual still goes out on the weekend with friends that are engaging in drug use this will make it less likely for them to retain a security clearance.
5. Medical context
For prescription misuse cases, was the prescription misuse related to an illness, and has it since stopped? Was it accidental use? Has the individual since obtained a legal prescription for the medication that they used improperly before? This often comes up in the context of misuse of ADHD or anti-anxiety medications.
6. Rehabilitation and treatment
Was treatment necessary to move past the drug usage? If so, was it obtained? Was it effective?
There are many other ways to attempt to mitigate drug usage concerns, but these are just ones to consider.
Marijuana and State Legalization
Additionally, we all know that many states have legalized marijuana for recreational or medicinal use. However, marijuana use remains illegal under federal law, and its use usually triggers security clearance concerns. Federal clearance forms, such as the Standard Form 86 (SF 86) or the eAPP, continue to ask about marijuana use, despite the legality of its use at the state level. One of the most common security clearance issues that we see in our office involves clients who believed that because state law permitted marijuana use that it was acceptable to use it. That argument, alone, does not generally win the day.
Cases Involving Favorable Clearance Determinations Under Guideline H
Example A: An applicant admitted to marijuana use during college and as a graduate student. He had since abstained, provided character references from colleagues and friends, and demonstrated a stable employment history. Clearance granted. Copy of decision is located here.
Example B: Between March 2021 and September 2023, the Applicant used legal cannabidiol (CBD) products under a state medical program to treat chronic back pain. The products contained less than 0.2% tetrahydrocannabinol (THC), which was below the federal legal limit. He had since stopped using CBD, is under medical care with a new treatment plan, and has no plans to resume use. Clearance granted. Copy of decision is located here.
Cases Involving Unfavorable Clearance Determinations Under Guideline H
Example A: Applicant deliberately used marijuana from 2013 to at least January 2022 and minimized its seriousness during the interview process. He stated that he intended to continue to use marijuana after being granted a security clearance. Clearance denied. Copy of decision is located here.
Example B: Applicant admitted to using marijuana intermittently from 2011 to 2018, including use while employed in a position that prohibited drug use. He used marijuana recreationally and for post-surgical pain, continued associating with users, and lived with a roommate who used it regularly. Although he initially stated in a 2018 security clearance application that he intended to keep using marijuana, he later changed his position after learning it remained illegal under federal law. Applicant testified he has no intent to use it again. However, the administrative judge found that the applicant did not show the requisite character or judgment of someone who has the maturity, integrity, good judgment, and reliability necessary to access classified information. Clearance denied. Copy of decision is located here.
Final Thoughts
Security clearance decisions under Guideline H depend heavily on the individual’s specific facts, history, and demonstrated efforts toward reform and abstinence. With the growing trend toward the decriminalization and legalization of certain substances, it crucial for applicants to be honest about prior drug use.
If you are facing a security clearance review involving drug use or prescription misuse, you should seek experienced legal counsel familiar with federal clearance adjudications.
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, regulations and government policies are always 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.
