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Guideline H: Drug Involvement & Substance Misuse

Illegal drug involvement, including marijuana, and misuse of prescription drugs.

3,596
decided hearing cases
25%
granted

Specific issues and their outcomes

Marijuana
25% granted · 3,128
Drug involvement (unspecified)
23% granted · 1,556
Cocaine
21% granted · 702
Drug distribution / dealing
17% granted · 507
Stated intent to use again
15% granted · 473
Drug test failure
16% granted · 362

Mitigations judges credited most

Acknowledgment & remorse
89
Documented abstinence period
49
Passage of time
22
Signed intent with revocation clause
19
Rehabilitation evidence
16

Counted only where the judge expressly credited the mitigation, not merely where it was claimed.

What the reference material says about drug cases

  • Internal government adjudicator guidance suggests abstinence benchmarks by usage pattern: about 6 months for experimental or occasional marijuana, 1 year for frequent marijuana or experimental use of another drug, 2 years for regular marijuana or occasional other drugs, 3 years for frequent or regular other drugs, and 5 years after minor trafficking or an uncompleted treatment program. That guidance states twice that it is not policy and may not be cited as authority, and published decisions exist accepting shorter periods. (Adjudicative Desk Reference (2014), non-binding)
  • By statute, only current unlawful drug users are barred from holding any clearance; past use is weighed under the guideline, not banned outright. (The Bond Amendment)
  • Marijuana remains federally illegal regardless of state law, and the manner of use does not matter to the analysis. (Practitioner sources)

From our verified reference library: paraphrased from the named sources and reviewed before publication. Descriptive background, not legal advice about any case.

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Descriptive statistics from decided public DOHA cases. Not legal advice or a prediction. † marks samples under 20 cases.