Summary
A 30-year-old DOD contractor was denied a security clearance due to significant drug involvement and criminal conduct, falling under Guidelines H and J. The applicant admitted to using and selling illegal substances, including marijuana, cocaine, and steroids, while holding a security clearance.
Specific allegations included using marijuana from April 2013 to at least March 2024, selling it from January to March 2015, and using steroids from December 2012 to March 2014. Further admitted drug use involved cocaine and Ketamine from May 2022 to May 2023, Adderall from May 2013 to May 2018, and psilocybin from July 2023 to at least March 2024. The applicant used marijuana, cocaine, Ketamine, and psilocybin while in a sensitive position and possessing a security clearance, and expressed an intent to continue using marijuana.
The denial was based on the applicant's admissions of using and selling illegal substances while cleared, the stated intent to continue marijuana use despite federal law, and a lack of evidence demonstrating rehabilitation or a commitment to abstain from drug use. These actions raised serious doubts about the applicant's reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to using and selling various illegal substances while holding a security clearance.
- The applicant expressed intent to continue using marijuana despite its illegality under federal law.
- The applicant failed to provide evidence of rehabilitation or a commitment to abstain from drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago or Under Unusual CircumstancesThe applicant continues to use marijuana on a daily basis.
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome ItThe applicant did not provide evidence of rehabilitation or a commitment to abstain from drug use.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 2, 2023
- Answer filedApr 11, 2024
- Hearing held—Decided on the written record.
- Decision dateDec 11, 2024
Cite For
- Denial of Security Clearance Due to Ongoing Drug Use Under Guideline H
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Failure to Mitigate Security Concerns Related to Illegal Drug Use and Intent to Continue Such Use.