Summary
This case concerns a 41-year-old finance director whose security clearance was reviewed under Guideline H (Drug Involvement) due to a history of marijuana use. The Statement of Reasons alleged that she purchased and used marijuana with varying frequency from approximately January 1998 through at least April 2017, and that this use continued after she was granted a security clearance in approximately 2008. Disqualifying conditions under Guideline H were raised, specifically AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(f).
However, the applicant ceased all marijuana use in April 2017 and demonstrated a commitment to abstinence. She was candid about her past drug use during the security clearance process and provided a signed statement of intent to remain abstinent. The judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b).
The judge ultimately found that the applicant's past drug involvement was unlikely to recur and did not cast doubt on her current reliability. Her acknowledgment of the issue and her actions to mitigate the concerns led to the decision to GRANT her eligibility for access to classified information.
Why the applicant prevailed
- The applicant demonstrated a commitment to abstain from illegal drug use, providing a signed statement of intent to remain abstinent.
- She was candid about her past drug use during the security clearance process and has not used marijuana since April 2017.
- The judge found that the applicant's past drug involvement was unlikely to recur and did not cast doubt on her current reliability.
Conditions referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)rejectedAny Illegal Drug Use While Granted Access to Classified InformationThe applicant's marijuana use in 2014 and 2017 occurred during a period when she did not possess an active security clearance.
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural posture
- SOR issuedMar 11, 2019
- Answer filedMar 18, 2019
- Hearing held—Applicant requested a decision on the written record without a hearing.
- Decision dateFeb 18, 2020
Cite for
- Mitigation of Drug Involvement Under Guideline H
- Importance of Applicant's Acknowledgment of Past Drug Use
- Commitment to Abstinence as a Mitigating Factor