I received an intent to deny based on past and recent drug use. I had some marijuana use and was arrested in high school over 14 years ago (hired lawyer no “drug convictions” on my record). I never had any other issues with the law (except speeding tickets) There was about an 8 or so year break in which I did not partake in any drug use. I admitted to my interviewer that I used marijuana twice last year after 8 or so years of no use.I do not have any intent to continue use marijuana or any drugs.
In someone else’s experience does this seem to be a very likely denial regardless of my rebuttal? I do not have much to say in my rebuttal except for the fact that I was honest with my interviewer and to try and address their points of concern of my judgement and trustworthiness. I will also be adding up to 7 statements on my character from people that know me for a long time depending on if they get completed on time.
You say that you admitted the recent drug use to the investigator… but had you also listed in on the SF-86/eQIP? If not that could be a big problem, completely separate from drug use. And when I say “could be” I really mean “is.”
Used to be, drug use within the past two years was a significant issue. I’ve heard other folks say that now it is down to one year… for limited recreational use. But you have the previous history of use so that may make the two-year standard applicable here.
Thanks for the reply. It was not on my sf86 but it happened between me submitting the sf86 and getting interviewed. But when asked I did reply honestly.
Well its not looking good for me I suppose. Maybe Ill just have to try again in a couple years.
Thanks again
So . . . You used while cleared, as I read your post? This is going to be a real problem but it can sometimes still be mitigated. Take a look at the Adjudicative Guides and check out the mitigating factors for drug use.
The recency needs to be addressed, “last year” could be anywhere from two to fourteen months ago. The fact that it was only twice works in your favor. Was there something going on in your life? A breakup? The death of a family member? The reason that you slide back into use, knowing that it would cause problems because of your clearance will play a factor. Believe me, they don’t want to hear, "I was visiting Colorado and . . . "
Don’t get me wrong, you’re in trouble and need to address this properly. Depending on exactly what is in your letter when you get it, a consult with a clearance attorney may very well be warranted but you can also get a lot of help here.
thanks for your reply. I did not have a clearance at any time that I used, but I was enlisted in the military. No life changing factors just curiosity with having not used in so long and all the talk of legalization over the recent years.But I have 0 want/need or intent to obtain and use a THC product going forward, not just for the clearance but I dont really have much interest in it.
It seems its not looking great for me but I think I can try again in a couple years.
Don’t rule out clearing now. Things are changing almost weekly when it comes to grass. “Curiosity” isn’t a very good reason particularly with all of the talk about legalization. But, be honest in any case.
Sorry . . . I misunderstood something in your post that made me think that you were currently cleared.
You should hire a clearance attorney and take it seriously. There is hope of a rebuttal, have certainly seen worse marijuana use cases get cleared. You’ve got to explain yourself very well.
