Summary
A 41-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to a history of drug use. The applicant admitted to using marijuana from 2009 until July 2022, including after certifying an e-QIP on November 30, 2021. His drug history also included a positive marijuana test in September 2009 while in the Air National Guard, which resulted in a general discharge under honorable conditions in December 2009. Additionally, the applicant admitted to using unprescribed prescription medications from May 2008 to September 2017, though he has received treatment for opiate dependence since November 2017.
Disqualifying conditions related to drug involvement were raised, while mitigating conditions concerning the passage of time and successful rehabilitation were considered. However, the administrative judge ultimately concluded that these mitigating factors were insufficient.
The denial was based on the applicant's admitted continued marijuana use, even after submitting his security clearance application. This raised significant concerns about his judgment and willingness to comply with regulations. The applicant also failed to provide sufficient evidence of his intent to abstain from future marijuana use, leading the judge to determine that granting clearance was not consistent with national security interests.
Why the Applicant Was Denied
- The applicant admitted to using marijuana from 2009 until July 2022, including after submitting a security clearance application.
- The applicant's continued marijuana use raised serious concerns about his judgment and willingness to comply with laws, rules, and regulations.
- The applicant failed to provide sufficient evidence of intent to abstain from future marijuana use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug
- 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(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome ItThe applicant did not provide sufficient evidence of severing ties with drug users or transitioning to an environment where marijuana is not used.
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant's treatment was focused on opiate dependence, not marijuana use.
Key Rule Quoted
“The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual's reliability and trustworthiness.”
Procedural Posture
- SOR issuedAug 19, 2022
- Answer filedAug 23, 2022
- Hearing held—Applicant chose to have the case decided on the written record.
- Decision dateDec 13, 2022
Cite For
- Ongoing Drug Involvement Under Guideline H
- Failure to Cease Marijuana Use Despite Treatment for Opiate Dependence
- Security Clearance Denial Due to Lack of Intent to Abstain From Drug Use