Summary
A 32-year-old federal contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to a 16-year history of marijuana use, spanning from approximately June 2002 to July 2018. This included using and purchasing marijuana, with varying frequency, and notably, using marijuana from July 2017 to July 2018 while already granted access to classified information.
The denial was primarily based on the applicant's admitted frequent marijuana use, including while holding a clearance, and an expressed intent to continue using marijuana in the future. This raised significant doubts about the applicant's judgment, reliability, and trustworthiness.
Although some mitigating conditions were considered, the applicant failed to provide sufficient evidence of rehabilitation or a signed statement of intent to abstain from drug use. Consequently, the judge found insufficient evidence to mitigate the concerns, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant admitted to frequent marijuana use over a 16-year period, including while holding a security clearance.
- The applicant expressed intentions to continue using marijuana, raising concerns about reliability and trustworthiness.
- The applicant did not provide evidence of rehabilitation or a signed statement of intent to abstain from drug use.
Conditions Referenced
- AG ¶ 24raisedDrug Involvement and Substance Misuse
- AG ¶ 25(a)appliedAny Substance Misuse
- AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)appliedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's frequent use and recent history of drug use do not support a finding that recurrence is unlikely.
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant did not provide evidence of rehabilitation or a signed statement of intent to abstain.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedMar 22, 2019
- Answer filedApr 13, 2019Applicant elected to have the case decided on the written record.
- Hearing held—Decision made based on written record.
- Decision dateAug 1, 2019
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Demonstrate Rehabilitation or Intent to Abstain From Drug Use
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E