Summary
A 51-year-old network administrator, with 20 years of security clearance, was denied continued eligibility for access to classified information under Guideline H (Drug Involvement). The applicant admitted to using marijuana multiple times between March 2013 and July 2017, including while holding a security clearance. These admissions raised security concerns regarding his reliability and trustworthiness.
Specifically, the Statement of Reasons alleged that the applicant used marijuana with varying frequency during the specified period while cleared, and that he intended to continue future use. Disqualifying conditions under Guideline H were raised, though mitigating conditions were also applied.
The denial was based on several factors: the applicant's admitted marijuana use while cleared, the recency of his drug use (as late as July 2017, after his most recent clearance application), and his perceived minimization of the drug involvement. The administrative judge found that the applicant did not provide credible evidence of rehabilitation or a commitment to abstain from future drug use.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding a security clearance.
- The applicant's drug use occurred as recently as July 2017, after submitting his most recent security clearance application.
- The applicant minimized his drug involvement and did not provide credible evidence of rehabilitation or a commitment to abstain from drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 25(g)rejectedExpressed Intent to Continue Drug Involvement and Substance Misuse or Failure to Clearly and Convincingly Commit to Discontinue Such MisuseThe applicant did not renew his statement of intent to continue using THC or marijuana at the hearing.
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use was relatively recent and occurred while he held a security clearance.
- AG ¶ 26(b)rejectedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of AbstinenceThe applicant did not provide credible evidence of rehabilitation or a commitment to abstain from drug use.
Key Rule Quoted
“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedOct 2, 2019
- Answer filedNov 21, 2019
- Hearing heldOct 6, 2020Originally scheduled for 09/09/2020, rescheduled due to applicant's health.
- Decision dateJan 12, 2021
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Importance of Recent Drug Use While Holding a Security Clearance
- Credibility of Applicant's Statements Regarding Drug Use and Intentions