Summary
Candace Le’i Garcia, a 42-year-old applicant who held a security clearance since 2006, was denied eligibility for access to classified information under Guideline H (Drug Involvement). The denial stemmed from her admitted use of marijuana and cocaine while actively holding a security clearance.
Specifically, the Statement of Reasons alleged that Ms. Garcia used marijuana with varying frequency from approximately June 2014 until at least January 2022. She acknowledged understanding that, as a clearance holder, she was prohibited from illegal drug use but stated she did not consider her clearance status when engaging in such activities. Disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(f) were raised, while mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were applied.
The judge ultimately denied the clearance, concluding that Ms. Garcia's drug use occurred within three years of the hearing, raising ongoing concerns about her reliability and trustworthiness. Despite her remorse and efforts to disassociate from drug-using associates, her past behavior did not demonstrate a sufficient pattern of abstinence or rehabilitation to mitigate the security concerns.
Why the Applicant Was Denied
- Applicant admitted to using marijuana and cocaine while holding a security clearance.
- Her drug use occurred within three years of the hearing, raising ongoing concerns about her reliability and trustworthiness.
- The judge concluded that her past behavior did not demonstrate a sufficient pattern of abstinence or rehabilitation.
Conditions Referenced
- AG ¶ 25(a)appliedSubstance Misuse
- AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)rejectedIllegal Drug Use While Holding a Security ClearanceThe judge found that this condition did not apply as she did not have access to classified information during her drug use.
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe judge found that the drug use was not infrequent and did not happen long ago.
- AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug InvolvementThe judge acknowledged her remorse and disassociation from drug-using associates.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 14, 2023
- Answer filedOct 1, 2023
- Hearing heldSep 4, 2024
- Decision dateMar 21, 2025
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Importance of Demonstrating a Pattern of Abstinence From Illegal Drug Use
- Consideration of the Whole-person Concept in Security Clearance Decisions