“If I had a dollar for every time I heard that, I’d be a rich man.” Trite, but true when it comes to the perennial question, “can I live with a drug user?”
As incredulous as that may be to some of our more by-the-book readers, the fact is that an awful lot of people use illegal drugs in the United States. According to a 2022 U.S. Substance Abuse and Mental Health Administration study, 70.3 million people in this country ages 12 and older used illicit drugs within the past year.
To the chagrin of other readers, marijuana is included within that category of illicit drugs and likely accounts for a sizable percentage of the use. However, the fact remains that marijuana is currently an illegal Schedule 1 controlled substance under the federal Controlled Substances Act, characterized as having no medicinal value and a high potential for abuse.
With numbers like those, not to mention the growing prevalence of marijuana use, the odds of not encountering a roommate or cohabitant who uses illicit drug(s) grows smaller every year. Security clearance holders know that they are prohibited from using, trafficking in, and even investing in illegal drugs; but surely the government can’t penalize a clearance holder for merely living with someone who uses, right?
Unfortunately, they can and they do. And it catches some clearance holders entirely off-guard.
The reality is that federal agency security officials dislike the idea of clearance holders being around drug use almost as much as they dislike the clearance holder partaking. True, the applicable security clearance Adjudicative Guideline for drug involvement speaks to clearance-holder actions. Yet broader catch-all provisions in the Criminal and Personal Conduct Guidelines cover association with individuals involved in criminal activities (i.e., drug use) and questions about clearance-holder judgement and reliability (also implicated by associating with a drug user). Defenses like “I’m not in the room when my roommate uses” or “my live-in girlfriend buys it with her own money” aren’t typically compelling. The assumption on the part of security officials – even if left unspoken – is almost always that the clearance holder may be tempted by proximity and eventually succumb to that temptation. This is especially true when the alternative is to simply break the lease and move-out.
I’ve spoken with a lot of clearance holders over the years who take great umbrage at this insinuation and don’t understand why the government has any business prying into the matter. I don’t make the policies, so don’t kill the messenger. However, I can understand the government’s concern and see the irony in the clearance-holder’s position. “Don’t ask questions” is difficult to reconcile with “there’s nothing going on here” – at least when it comes to a privilege (i.e., a security clearance) versus a constitutional right. In the latter, the burden of proof is on the government; in the former, it is always on the clearance holder, courtesy of the U.S. Supreme Court.
Philosophical arguments aside, the bottom line for clearance holders is that living with a drug user in any capacity – roommate, romantic cohabitant, or otherwise – is a near-guaranteed recipe for problems if the government finds out. That may not always happen for lower-level clearances, but I’ve seen it happen plenty of times at a variety of agencies, especially when a full field background investigation or polygraph examination is required. It rarely ends well for the individual, and I don’t recommend trying it.
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.
