Summary
A 61-year-old senior software engineer was denied a security clearance due to concerns under Guideline H (Drug Involvement). The applicant contested the revocation of his clearance, which stemmed from allegations of marijuana use and purchase after his April 2018 security clearance application and while holding a clearance and having access to classified information.
Specifically, the applicant was alleged to have used and purchased marijuana with varying frequency while granted access to classified information, and to have an intention to continue future use. Disqualifying conditions AG ¶ 25(a), AG ¶ 25(f), and AG ¶ 25(g) were raised.
Despite mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) being applied, the Administrative Judge found the applicant's admissions regarding his past and intended future marijuana use, which occurred while employed in the defense industry and holding a security clearance, were insufficient to mitigate security concerns. Consequently, the applicant's security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to using marijuana after being granted a security clearance.
- He acknowledged an intention to continue using marijuana in the future.
- His marijuana use occurred while employed in the defense industry and holding a security clearance.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Abuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse, or Failure to Clearly and Convincingly Commit to Discontinue Such Misuse
- 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 marijuana use was recent and occurred over a period of years.
- 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 evidence of actions taken to overcome his marijuana use.
Key Rule Quoted
“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedNov 23, 2020
- Answer filedDec 1, 2020
- Hearing heldJun 28, 2021
- Decision dateJun 28, 2021
Cite For
- Insufficient Evidence to Mitigate Drug Involvement Under Guideline H
- Impact of Recent Drug Use on Security Clearance Eligibility
- Expressed Intent to Continue Drug Use as a Disqualifying Factor