Summary
A 43-year-old attorney was denied a security clearance under Guideline H (Drug Involvement) due to her long-term use of marijuana for medical purposes. The Statement of Reasons alleged that she had used marijuana for many years in two states, consistent with their medical marijuana laws, and intended to continue this use. It further stated that her medical marijuana use constituted an abuse of a controlled substance under federal law.
Disqualifying conditions cited included drug involvement that raises questions about an applicant's judgment, reliability, or trustworthiness, and the illegal use of a controlled substance. While mitigating conditions were considered, such as the drug use not being recent or the applicant having successfully completed a drug treatment program (though the latter was not explicitly detailed as a program, but rather a general condition), these were insufficient to overcome the concerns.
The judge concluded that the applicant's continued intent to use marijuana, despite its legality under state law, was a disqualifying factor under federal law. This long-term use raised significant doubts about her reliability and trustworthiness, ultimately leading to the denial of her security clearance application.
Why the applicant was denied
- The applicant's long-term use of marijuana, even if legal under state law, raised significant doubts about her reliability and trustworthiness.
- The applicant expressed intent to continue using marijuana, which was deemed a disqualifying factor under federal law.
Conditions referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago or InfrequentlyThe behavior is current and frequent.
- AG ¶ 26(c)rejectedAbuse of Prescription Drugs After Severe IllnessThe abuse has not ended and the applicant intends to continue using Medical Marijuana.
Key rule quoted
“An individual’s disregard of federal law pertaining to the use, sale, or manufacture of marijuana remains adjudicatively relevant in national security determinations.”
Procedural posture
- SOR issuedApr 4, 2019
- Answer filedApr 30, 2019Applicant admitted all allegations.
- Hearing heldJul 24, 2019Hearing convened as scheduled.
- Decision dateAug 15, 2019
Cite for
- Disqualifying Conditions Under Guideline H for Drug Involvement
- Impact of State Law on Federal Security Clearance Determinations
- Reliability and Trustworthiness Concerns Related to Substance Misuse