Summary
A 30-year-old information technology specialist was denied a security clearance under Guideline H (Drug Involvement) due to his extensive history of marijuana use. The Statement of Reasons detailed that the applicant used marijuana with varying frequency from approximately May 2007 to at least October 2015. Additionally, he possessed a medical marijuana card from about January 2015 to October 2016 and worked for a medical marijuana propagator from January 2015 to February 2016.
Disqualifying conditions under Guideline H were raised, specifically concerning the applicant's drug involvement. While mitigating conditions were considered, the judge ultimately found them insufficient. The denial was based on several factors: the applicant's marijuana use was frequent and spanned an extended period, raising concerns about his reliability and trustworthiness.
Furthermore, the applicant did not provide evidence of actions taken to overcome his drug involvement, such as treatment or counseling. His statement of intent to abstain from drug use, despite a significant period of abstinence, was deemed insufficient to mitigate the disqualifying conditions due to the lack of supporting evidence. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's marijuana use was frequent and occurred over an extended period, raising concerns about his reliability and trustworthiness.
- The applicant failed to provide evidence of actions taken to overcome his drug involvement, such as treatment or counseling.
- The applicant's statement of intent to abstain was insufficient to mitigate the disqualifying conditions due to the lack of supporting evidence.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's past marijuana use was not infrequent and occurred under circumstances that do not suggest it is unlikely to recur.
- AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Pattern of AbstinenceThe applicant has abstained from marijuana for over three years and no longer associates with drug users.
Key Rule Quoted
“"Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance."”
Procedural Posture
- SOR issuedMar 22, 2018
- Answer filedMay 10, 2018Requested decision on the written record without a hearing.
- Decision dateFeb 27, 2019
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Importance of Providing Evidence of Rehabilitation and Abstinence
- Presumption Against Granting Security Clearance When Concerns Arise