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Security Clearance

A security clearance is a status granted to individuals allowing them access to classified information. Those trying to get a clearance may have questions such as how does one go about attaining a clearance? And, what are the different levels? As well as other questions. This area will allow those that have clearances offer advice and suggestions to those inquiring about clearances or upgrading their clearances.

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RSeeker  
#1 Posted : Tuesday, August 08, 2017 5:38:45 AM(UTC)
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My cohabitating girlfriend used medicinal marijuana (in accordance with state but not federal law obviously) for a few months earlier this year in our shared home. (She didn't grow her own, and bought only from state-licensed dispensaries) Ultimately I got uncomfortable having it in the house, asked her to stop using, and she has. She did all the buying, storing, and using, so I was not a direct participant, although clearly I knew about her use and was in proximity to it.

Does this mean I need to answer "yes" to "involvement" in illegal drug activity on SF86 question 23.2?

If no, is there another place I need to list it (I've heard it mentioned as a possible "association issue" but there's no clear question about that), or is this just a "be open and honest if/when it comes up in the investigation" issue?

If yes, how hosed am I, assuming the rest of my application is squeaky clean (good financials, zero drug use, zero criminal record, very minimal foreign travel/contacts)?

Edited by user Tuesday, August 08, 2017 5:54:17 AM(UTC)  | Reason: Not specified

Frankish  
#2 Posted : Wednesday, August 09, 2017 2:16:38 AM(UTC)
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...have you been involved in the illegal purchase, manufacture, cultivation, trafficking, production, transfer, shipping, receiving, handling or sale of any drug or controlled substance? have you? yes or no...

Answer the questions asked and only the questions asked. The "open and honest" approach does not work in the real world.
RSeeker  
#3 Posted : Wednesday, August 09, 2017 7:18:27 AM(UTC)
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Answering the question asked is exactly my difficulty though, because my answer depends on the interpretation of "involved".

Have I, personally, bought, sold, possessed, etc.? No.

But I was cohabitating with someone while they engaged in some of those activities.

Is that "involved in"? That's what I'm trying to work out.
GSBS  
#4 Posted : Wednesday, August 09, 2017 11:26:04 AM(UTC)
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Originally Posted by: RSeeker Go to Quoted Post


Is that "involved in"? That's what I'm trying to work out.
I think so and that's why I would not mention it. It will only hurt you to bring this up. When your Government says it is more dangerous to puff pot than Meth use and Opioids, you know you are playing with a loaded deck. Just Say No

waitingOutSequester  
#5 Posted : Thursday, August 10, 2017 7:23:00 PM(UTC)

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I think you need a lawyer to advise you on this. There's a legal concept of constructive possession, where you could potentially be viewed as being in possession of drugs on your property, even if they were bought and consumed by your partner.
RSeeker  
#6 Posted : Saturday, August 12, 2017 9:05:14 AM(UTC)
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Thanks for the input. A strict application of constructive possession would cover an awful lot - basically, anytime you're in the same car as a drug possessor or at a party when drugs are passed around. Heck, consider if this were about legal opiate pain meds prescribed to your roommate - if they keep them in a shared medicine cabinet, then you have constructive possession of a controlled substance not prescribed to you - illegal! But not I would think the sort of thing this question is looking to catch.

I was hoping to get some feedback from some of the former BI's on the forum to see how this applies in practice, specific to the clearance process.
waitingOutSequester  
#7 Posted : Saturday, August 12, 2017 4:46:21 PM(UTC)

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^The arbiter of how to interpret the sf86 is not the BI, but the adjudicators, and in the case of DOD industrial clearances, ultimately the DOHA appeal boards.

Edited by user Saturday, August 12, 2017 4:46:58 PM(UTC)  | Reason: Not specified

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