This may be repetitious, but it is very unique to me, and I need some help.
history: 30 years with the national guard, 20 years with a secret.
left the guard and started contracting a few years later and started the process to get a TSI.
Was issued TSI and worked for 2 years. Advanced to a position requiring Poly so I took the poly.
Received the email stating I passed the Poly and was issued my administrative credentials/Tokens for access to the networks I was to work on.
Two months later I was stopped midday, and ordered to debrief, return my CAC and was walked from the building. Not even able to get my coffee mug from my desk.
That was 5 months ago.
The only paperwork i have ever gotten was the memo I signed for the debrief. It stated why my “SCI” was being suspended and listed items which I want to put in context.
For instance, during the Poly, I was asked about drug use, and I told them I participated in the Florida Medical Marijuana. My VA Psychiatrist told me it was OK to try so I did. I used the program for 30 days before my VA MD told me I tested positive for Marijuana. She told me since I am on an opioid, I cannot do the marijuana, so I stopped the medical marijuana.
I did NOT have my TS at the time but told the Poly guy that I was not sure of the dates so I might have, I did not know.
On the Memo, it stated I lied about use of illegal drugs.
I want to be able to contest this from what I’m told, if I don’t have a job which requires a clearance, that the COF will never even look at my case, let alone ask me for information about it. And no one will hire me when I answer “have you ever had your clearance revoked” as yes.
HOWEVER, I got GDIT to sponsor me for my old position but 3 weeks after they send me the offer letter, they rescinded it saying it was going to take to long to go through the weeks of my clearance so again, I will never get to challenge this.
I called a lawyer who deals in this, and he said I have to wait for the COF to actually adjudicate before we can challenge but again… if they never look at my case, I will never get to appeal it.
Someone please help me understand the process and explain how I can get my life’s work back.
They hammer it pretty hard, any marijuana use (even medicinal, even in a state where it is legal for recreational use) is still illegal at the federal level and not allowed for those who hold a security clearance. Not even CBD use. It would seem you don’t have much of a case for appeal but who knows what the lawyer can come up with.
Yep. Catch 22. Legal at state but not federal level. If you answered questions saying no to non prescribed MJ…I can see them looking at it as hiding. Do you honestly maintain in 20 cleared years you never once heard about this prohibited use? That is where it strains credulity. Once you get the revocation or intention to revoke letter, by all means appeal. It is an uphill battle to make folks believe you did not know this was wrong in the eyes of the fed. Granted your security managers may not have always been on point in their briefings but somewhere down the line you did know MJ was not allowed, right? I feel you on loss of clearance, job, etc. Nobody wants that. You get nothing by letting it go. You might get a break in an appeal.
Thank you for your replies.
Squirrel, you actually have posted that the use of past marijuana use is not an auto disqualifier, so Im confused why this would not merit a review to see what actually transpired.
To clarify, I spent 30 years in the Guard, where I obtained my secret, and I did not use any illegal drugs because I was in the ARMY, we are told repeatedly that there is a zero tolerance for drug use in the ARMY. I have no idea that drug use was connected to my clearance at all.
For that matter, while I was working at a help desk, with my secret, I told my manager and all my co-workers of my exp. with med. marijuana and how it was a joke and not one person mentioned that i should disclose it as a drug I used illegally. If I knew about it, why would I even try it and why would I tell anyone I did?
To that point, the poly guy didnt even ask me about drug use, I told him in passing about the program and how worthless it was. If anyone were to bother looking for “did he know it was forbidden”, its on tape, I had no idea. And when I told the poly guy, he did not say it was illegal, didnt even bat an eye. He just asked for dates and Dr. Names and clarified it was for medical use and not pleasure, which I confirmed.
Its also on record that I am Pee tested every 90 days because I’m on an opioid pain killer (which I want to get off of, which is why I tried the marajuana)… so I have 10 years of Pee Tests showing I dont use illegal drugs.
Seriously, though, Im not arguing the fact that it is contested at this point, I’m asking; Will they ever send me something which I can contest!?
As it stands, I’m told they will not review the case unless I have a job which requires a clearance so how will I ever be able to show my side of the story?
AmberBunny2 said to wait till they send me the revocation letter or an intent to revoke so this implies that COF will?? in fact send me something official?
Two separate issues here, at least to my walnut-sized brain: marijuana use before ever being granted access to classified information, and marijuana use after/while having access to classified information-- and having an active secret clearance is considered to be having access, even if you were in some unit where you never saw any classified information.
the only issue which I am concerned with is if anyone is obligated to send me something which I can show a lawyer and see if I have a case to argue. Regardless of if I have a case or not, I do not understand the process for getting an “Official” determination which can then be brought to a lawyer. As it stands, I only have a memo from my agency stating my clearance is suspended but if a security officer looks, it shows I have no clearance at all.
Loss of coverage. Nobody currently sponsoring. If they truly revoked, you get a statement of reasons. That is the letter specifying what caused it. Sadly it takes many getting impacted to force the Fed to address. A lot of states are approving both medicinal and recreational. If it is disclosed, there is no blackmail value. I think you have an appeal consideration and the pee tests back up you do not recreationally use. It socks to be in this position. I feel you. Eventually the fed catches up to reality. Since it was under limited condition, during pain treatment (stress)…not likely to repeat itself…in and of itself is an appealable situation.
I don’t think you are understanding g my question. I am not asking if I did something wrong, I’m asking if I can plead my case.
I’d the answer is no, then ok but it sounds like many people have gotten thier clearance back after an appeal… so my question is, how do I get an appeal if I never get an official notification to challenge?
There is the issue of when you can file an appeal and it sounds like you have not yet received the necessary info to start that process, based on what you reported your attorney said.
I was just pointing out that it will be difficult to refute their allegations. In my understanding, the appeal is not a case where you can plead for mercy but a situation where you have to provide either a) evidence showing the allegations against you are untrue and/or b) mitigating information.
Thank you Amberbunny and squirrel.
I guess the answer is “yes, they will give you something official”.
While I now understand about the lack of tolerance to the drug use while holding a clearance, I still would plead a case. I have served for 30 years, gave my life to the military and my country. To have a single instance of this nature cause a complete revocation of my credibility is nonsensical. It may be reality but, to me, it is absurd they would not even look to see the overall picture of the person.
Keep in mind the adjudication standard. If you believe you logically meet the "periods of undue stress, not likely to repeat itself, " and taken upon getting an RX, believing that made it as legal as the Opiods which would be not legal without an RX…discontinued use, truly not understanding that an RX version was not allowed, as you weren’t getting “high” you wanted off opiods…weren’t thinking clearly, pain, opioid fog…you can be successfully cleared. I knowingly took another’s Prozac in an awful divorce just to function. I got my own RX, I came clean on poly…sat through 2 (miserable experiences) as were the 2 five years later. And I put it on every equip moving forward.