Summary
A 25-year-old male applicant with a bachelor's degree was denied eligibility for access to classified information due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using and purchasing marijuana from approximately May 2015 to March 2022. He also used and purchased hallucinogens, specifically LSD and psilocybin mushrooms, from approximately December 2015 to September 2016. His parents and sibling were aware of his marijuana involvement.
While the administrative judge found that the applicant mitigated the personal conduct concern, the drug involvement concern remained unmitigated. Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(g), with mitigating conditions applied under AG ¶ 26(a), AG ¶ 26(b)(1), and AG ¶ 26(b)(2).
The denial was based on the applicant's admitted drug use, which raised doubts about his reliability and trustworthiness. Furthermore, he continues to associate with friends who use marijuana, including a roommate who keeps drug-related paraphernalia in their shared residence. The applicant also failed to provide a signed statement of intent to abstain from all drug involvement and substance misuse.
Why the applicant was denied
- The applicant admitted to using marijuana and hallucinogens, raising questions about his reliability and trustworthiness.
- He continues to associate with friends who use marijuana, including a roommate who stores marijuana-related paraphernalia in their residence.
- The applicant did not provide a signed statement of intent to abstain from all drug involvement and substance misuse.
Conditions referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(g)raisedIntent to Continue Drug Involvement
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's last use of marijuana was recent enough that it cannot be considered unlikely to recur.
- AG ¶ 26(b)(1)appliedAcknowledgment of Drug Involvement
- AG ¶ 26(b)(2)rejectedChanging EnvironmentThe applicant continues to associate with individuals who use marijuana.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedDec 14, 2022
- Answer filedJan 8, 2023
- Hearing held—Decided on the written record.
- Decision dateJul 11, 2023
Cite for
- Failure to Mitigate Drug Involvement Under Guideline H
- Impact of Ongoing Associations with Drug Users on Security Clearance Eligibility
- Consideration of Recent Substance Use in Security Clearance Decisions