Summary
The applicant, a 60-year-old defense contractor, contested the Department of Defense's intent to deny his security clearance due to past marijuana use under Guideline H. He admitted to using marijuana on three occasions but argued that his usage was infrequent and has not occurred since September 2018. The judge found that the applicant mitigated the security concerns and granted eligibility for access to classified information.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: used marijuana with varying frequency from about June 2013 to about September 2018 (1.a). used marijuana with varying frequency from about 2003 to about June 2008, while having access to classified information (1.b). intends to continue using marijuana in the future, stating that it is likely that [he] will use drugs in the future (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(f), AG ¶ 25(g). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant demonstrated a pattern of abstinence from drug use since September 2018; He provided evidence of disassociating from drug-using associates and avoiding drug-using environments; The applicant acknowledged his past drug involvement and submitted statements disavowing future drug use.
Why the Applicant Prevailed
- The applicant demonstrated a pattern of abstinence from drug use since September 2018.
- He provided evidence of disassociating from drug-using associates and avoiding drug-using environments.
- The applicant acknowledged his past drug involvement and submitted statements disavowing future drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse
Key Rule Quoted
“The illegal use of controlled substances... can raise questions about an individual's reliability and trustworthiness.”
Procedural Posture
- SOR issuedMay 26, 2020
- Answer filed—Applicant elected a decision on the written record.
- Hearing held—Decision rendered without a hearing.
- Decision dateMar 23, 2022
Cite For
- Mitigation of Drug Use Under Guideline H
- Pattern of Abstinence as a Mitigating Factor
- Acknowledgment of Past Drug Use and Intent to Abstain as Mitigating Conditions