Summary
The applicant, a 36-year-old machinist, was denied security clearance due to ongoing marijuana use and lack of candor in his security clearance applications. Despite expressing a willingness to stop using marijuana for his job, the judge found that his actions raised significant concerns about his reliability and trustworthiness, leading to a denial of eligibility for access to classified information.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant deliberately falsified his February 12, 2018 e-QIP by denying that he had illegally used any drugs or controlled substances in the last seven years (2.a). Applicant falsified his February 15, 2008 e-QIP by denying any illegal drug use in the last seven years (2.b). Applicant used marijuana from approximately 2004 to approximately September 2019, including after being granted access to classified information in April 2008 (1.a). During a December 4, 2018 interview, Applicant expressed his intent to continue to use marijuana, despite knowing it is illegal under federal law and prohibited by his employer (1.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(f), AG ¶ 25(g), AG ¶ 16(a), AG ¶ 16(e). The decision turned on the following: The applicant continued to use marijuana while holding a security clearance, violating federal law and his employer's policies; He was not candid about his marijuana use on security clearance applications, admitting to falsifying information; His recent marijuana use as a sleep aid and recreationally raised doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant continued to use marijuana while holding a security clearance, violating federal law and his employer's policies.
- He was not candid about his marijuana use on security clearance applications, admitting to falsifying information.
- His recent marijuana use as a sleep aid and recreationally raised doubts about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
- AG ¶ 16(a)raisedDeliberate Omission or Concealment of Relevant Facts
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
Key Rule Quoted
“Security clearance decisions are not intended to punish applicants for past transgressions.”
Procedural Posture
- SOR issuedNov 15, 2019
- Answer filedDec 2, 2019
- Hearing heldMar 6, 2020
- Decision dateMar 31, 2020
Cite For
- Ongoing Drug Use While Holding a Security Clearance Under Guideline H
- Lack of Candor in Security Clearance Applications Under Guideline E
- The Impact of Recent Drug Use on Security Clearance Eligibility Decisions.