Summary
The applicant, a 25-year-old engineer for a DoD contractor, faced security clearance denial under Guideline H (Drug Involvement) and Guideline E (Personal Conduct) due to unresolved drug use and falsification of information in security questionnaires. Despite some mitigating factors, the judge found significant concerns regarding the applicant's reliability and trustworthiness, leading to a denial of national security eligibility.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Falsification in 2022 Questionnaire by omitting mushroom use (2.a). False statements to DoD investigator on March 23, 2023, by omitting mushroom use (2.b). Charged with marijuana possession in Indiana in about January 2020 (2.c). Cited for underage marijuana use in California in about August 2019 (2.d). Applicant is ineligible for a security clearance because he used marijuana for over six years, including after completing an Electronic Questionnaires for Investigations Processing, i.e., the 2022 Questionnaire (1.a). The Government also alleged use of mushrooms twice over a two-year period, including after being granted security clearance eligibility (1.b). The Government alleged a single instance of Adderall use without a valid prescription (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 16(a), AG ¶ 16(b). The judge applied mitigating conditions AG ¶ 26(b), AG ¶ 17(c), AG ¶ 17(d). The decision turned on the following: The applicant admitted to using marijuana and mushrooms after submitting a security questionnaire and after being granted a secret clearance; The applicant falsified information in his security questionnaires by omitting his drug use history, which raised questions about his reliability and trustworthiness; The applicant's recent drug use and dishonesty during the investigation indicated a lack of judgment and compliance with rules.
Why the Applicant Was Denied
- The applicant admitted to using marijuana and mushrooms after submitting a security questionnaire and after being granted a secret clearance.
- The applicant falsified information in his security questionnaires by omitting his drug use history, which raised questions about his reliability and trustworthiness.
- The applicant's recent drug use and dishonesty during the investigation indicated a lack of judgment and compliance with rules.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 16(a)raisedDeliberate Omission or Falsification
- AG ¶ 16(b)raisedProviding False or Misleading Information
- AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant's pledges of abstention were deemed unpersuasive due to recent drug use.
- AG ¶ 17(c)appliedMinor or Infrequent OffensesSome past drug charges were resolved in the applicant's favor due to their age and context.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingThe applicant did not demonstrate sufficient evidence of rehabilitation or changed circumstances.
Key Rule Quoted
“A person who broke a promise to abide by drug laws after having been placed on notice that drug use is not compatible with access to classified information has not demonstrated the quantum of reliability expected of those with access to classified information.”
Procedural Posture
- SOR issuedNov 5, 2024
- Answer filedJan 20, 2025Applicant initially represented but later proceeded pro se.
- Hearing held—Applicant opted for a decision based on the written record.
- Decision dateDec 9, 2025
Cite For
- Denial of Security Clearance Due to Unresolved Drug Involvement Under Guideline H
- Falsification of Information in Security Questionnaires Under Guideline E
- Impact of Recent Drug Use on Reliability and Trustworthiness Assessments