Summary
A 39-year-old defense contractor with a Master's degree was denied a security clearance under Guideline H (Drug Involvement) due to multiple violations of federal drug policy while holding a security clearance. The Statement of Reasons detailed that the applicant cultivated marijuana from approximately November 2016 to May 2019, and sold marijuana on two occasions in 2018, all while aware these actions violated federal policy. Additionally, the applicant used marijuana daily from about November 2004 to November 2006, and again on at least two occasions between March 2017 and March 2019, also while holding a clearance and knowing it was contrary to federal policy.
Disqualifying conditions were raised under Adjudicative Guidelines (AG) ¶ 25 (a), (c), and (f). While mitigating conditions AG ¶ 26 (a) and (b) were applied, the administrative judge ultimately found them insufficient.
The denial was based on the applicant's admission to cultivating marijuana for over two years and selling it twice while cleared. The judge concluded that the recency of the applicant's drug involvement prevented mitigation of the government's security concerns, despite the applicant completing drug awareness courses and expressing an intent to abstain from future drug use.
Why the Applicant Was Denied
- The applicant admitted to cultivating marijuana for over two years while holding a security clearance.
- The applicant sold marijuana on two occasions during the same period.
- The applicant's drug involvement occurred too recently to mitigate the government's concerns.
Conditions Referenced
- 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 Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's drug involvement was too recent to mitigate concerns.
- AG ¶ 26 (b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant's recent drug use undermined claims of rehabilitation.
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 issuedMay 31, 2021
- Answer filedJul 7, 2021
- Hearing heldOct 22, 2021
- Decision dateJan 7, 2022
Cite For
- Denial of Security Clearance Due to Recent Drug Involvement
- Impact of Illegal Drug Use on National Security Eligibility
- Consideration of the Whole-person Concept in Security Clearance Decisions