Summary
A 29-year-old federal contractor was denied a security clearance under Guideline H (Drug Involvement) due to admitted illegal marijuana use. The applicant used marijuana with varying frequency from approximately February 2015 until June 2020, during which time they held a security clearance. This conduct raised disqualifying conditions related to illegal drug involvement and questionable judgment.
While the applicant admitted to the usage and expressed an intent to abstain, the judge found that these actions did not sufficiently mitigate the security concerns. The applicant's illegal drug use occurred after they had been informed of its security significance, indicating poor judgment and raising trustworthiness concerns.
Ultimately, the applicant failed to provide sufficient evidence of rehabilitation or a consistent pattern of abstinence from drug use. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding a security clearance, which raised significant trustworthiness concerns.
- The applicant's illegal drug use occurred after he had been informed of its security significance, indicating poor judgment.
- The applicant did not provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)rejectedIllegal Drug Use While Granted Access to Classified InformationThe judge concluded that the allegation did not apply as it was not established that the applicant had access to classified information during the drug use.
- 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 use occurred over a five-year period while holding a security clearance.
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant did not demonstrate a pattern of abstinence or significant behavioral changes.
Key Rule Quoted
“An applicant who uses marijuana after having been placed on notice of its security significance... may be lacking in the qualities expected of those with access to national secrets.”
Procedural Posture
- SOR issuedJul 23, 2020
- Answer filed—Applicant requested a decision based on the written record.
- Hearing held—Decision made based on the written record.
- Decision dateAug 29, 2022
Cite For
- Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
- Impact of Illegal Drug Use on Trustworthiness and Reliability
- Consideration of the Whole-person Concept in Security Clearance Decisions